Monday, January 10, 2011
§395.3 Maximum Driving Time for property-carrying vehicles
May a motor carrier switch from a 60-hour/7-day limit to a 70-
hour/8-day limit or vice versa?
Yes. The only restriction regarding the use of the 70-hour/8-day
rule is that the motor carrier must have CMVs operating every day of the
week. The 70-hour/8-day rule is a permissive provision in that a motor
carrier with vehicles operating every day of the week is not required to use
the 70-hour/8-day rules for calculating its drivers’ hours of service. The
motor carrier may, however, assign some or all of its drivers to operate
under the 70-hour/8-day rule if it so chooses. The assignment of individual
drivers to the 60-hour/7-day or the 70-hour/8-day time rule is left to the
discretion of the motor carrier.
www.utahtrucking.com
hour/8-day limit or vice versa?
Yes. The only restriction regarding the use of the 70-hour/8-day
rule is that the motor carrier must have CMVs operating every day of the
week. The 70-hour/8-day rule is a permissive provision in that a motor
carrier with vehicles operating every day of the week is not required to use
the 70-hour/8-day rules for calculating its drivers’ hours of service. The
motor carrier may, however, assign some or all of its drivers to operate
under the 70-hour/8-day rule if it so chooses. The assignment of individual
drivers to the 60-hour/7-day or the 70-hour/8-day time rule is left to the
discretion of the motor carrier.
www.utahtrucking.com
Monday, November 22, 2010
Driving in Hazardous Conditions
392.14 Hazardous conditions; extreme caution
Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. Whenever compliance with the foregoing provisions of this rule increases hazard to passengers, the commercial motor vehicle may be operated to the nearest point at which the safety of passengers is assured.
Utah Trucking Assoc.
Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. Whenever compliance with the foregoing provisions of this rule increases hazard to passengers, the commercial motor vehicle may be operated to the nearest point at which the safety of passengers is assured.
Utah Trucking Assoc.
Monday, November 01, 2010
Driving Record Reporting
The quality and timeliness of conviction data that appears on driving records may improve now that the Federal Motor Carrier Safety Administration (FMCSA) has issued new guidance to state driver licensing agencies. The guidance is aimed at states that are lax at reporting conviction and disqualification information to other states or that fail to update driving records in a timely manner.
The DOT estimates that up to 100,000 active commercial drivers license holders have convictions on their records that were not reported to their licensing state and posted within the mandatory 10-day period. Such delays can allow CDL holders convicted of disqualifying offenses to continue driving without being detected by roadside inspection officials, and make it difficult for motor carriers to
identify and remove from service drivers who have been convicted of disqualifying
offenses.
Under federal CDL rules, if a state other than the state that issued a driver’s CDL convicts a driver for a traffic offense or withdraws or suspends their driving privileges, the state is required to notify the licensing state within ten (10) days. Similarly, whenever a state is notified of a conviction or disqualification from another state, or of a conviction occurring within the same state, it has to post the information to the driver’s record within ten (10) days. The new guidance should help states come into compliance with these 10-day reporting/posting requirements, the FMCSA says. The FMCSA says it will post maps on its website
showing which states are in compliance with the reporting requirements each
quarter. (JJ Keller)
The DOT estimates that up to 100,000 active commercial drivers license holders have convictions on their records that were not reported to their licensing state and posted within the mandatory 10-day period. Such delays can allow CDL holders convicted of disqualifying offenses to continue driving without being detected by roadside inspection officials, and make it difficult for motor carriers to
identify and remove from service drivers who have been convicted of disqualifying
offenses.
Under federal CDL rules, if a state other than the state that issued a driver’s CDL convicts a driver for a traffic offense or withdraws or suspends their driving privileges, the state is required to notify the licensing state within ten (10) days. Similarly, whenever a state is notified of a conviction or disqualification from another state, or of a conviction occurring within the same state, it has to post the information to the driver’s record within ten (10) days. The new guidance should help states come into compliance with these 10-day reporting/posting requirements, the FMCSA says. The FMCSA says it will post maps on its website
showing which states are in compliance with the reporting requirements each
quarter. (JJ Keller)
Tuesday, August 24, 2010
Securing Cargo
393.106 What are the general requirements for securing articles of
cargo?
When describing a headerboard or cab protection device, the regulations
state that similar devices may be used. What is meant by the term
“similar devices”?
The term “similar devices” has reference to devices equivalent in
strength and function, though not necessarily in appearance and construction,
to headerboards.
Utah Trucking News
cargo?
When describing a headerboard or cab protection device, the regulations
state that similar devices may be used. What is meant by the term
“similar devices”?
The term “similar devices” has reference to devices equivalent in
strength and function, though not necessarily in appearance and construction,
to headerboards.
Utah Trucking News
Monday, July 26, 2010
391.65 Drivers furnished by other motor carriers
391.65 Drivers furnished by other motor carriers.-Interpretations
If a driver furnished by another motor carrier is in the second carrier’s
service for a period of 7 consecutive days or more, may the driver still fall under
the exemption in 391.65?
No. The driver becomes a regularly employed driver of the second
motor carrier and the exemption in 391.65 is inapplicable.
If a driver furnished by another motor carrier is in the second carrier’s
service for a period of 7 consecutive days or more, may the driver still fall under
the exemption in 391.65?
No. The driver becomes a regularly employed driver of the second
motor carrier and the exemption in 391.65 is inapplicable.
Monday, July 19, 2010
391.31 Road test. Interpretations
Q - How does a student enrolled in a driver training school comply with
the requirement to pass a road test?
A - The road test is administered only after the student has demonstrated
a sufficient degree of proficiency on a range or off-road course. A
student who passes the road test and is qualified to operate in interstate
commerce could cross a State line in the process of receiving training.
Utah Trucking News
the requirement to pass a road test?
A - The road test is administered only after the student has demonstrated
a sufficient degree of proficiency on a range or off-road course. A
student who passes the road test and is qualified to operate in interstate
commerce could cross a State line in the process of receiving training.
Utah Trucking News
Thursday, June 03, 2010
Overview of Motor Carrier Industry: Types of Motor Carriers
The U.S. highway trucking industry makes use of an extensive road and street system that occupies approximately 3.9 million miles. Of that amount, 42,000 miles are part of the interstate and defense highway system, which was designed to connect major cities with four-lane limited access roads.
* Private versus for-hire. The private carrier provides a service to the shipper that owns or leases the vehicles, and thus does not charge a fee. The for-hire carrier charges a fee for providing service to the public and can operate intrastate and interstate.
* Local vs. Inter-city. For-hire carriers are either local or inter-city operators. As local carriers they pick up and deliver interstate freight within what is commonly called a commercial zone of a city or region as defined by the Surface Transportation Board (STB).
* Interstate For-Hire Operating Authority. Interstate operating authority is required to transport property (regulated commodities) or passengers for-hire in interstate commerce. Obtaining this authority can be done by contacting the USDOT’s Federal Motor Carrier Safety Administration (FMCSA) at (800) 832-5660. It can also be don by processing a registration request online at www.fmcsa.dot.gov.
* Common vs. Contract. Common carriers are required to serve the general public when the need to do so is there, at reasonable rates, and without discrimination. Contract carriers, on the other hand, serve specific shippers with whom the carriers have a contract and are therefore not available for carrying freight for the general public.
* Intrastate Private Motor Carriers. Persons who provide transportation of property or passengers by commercial motor vehicle and are not for-hire motor carriers.
* Intrastate Household Goods Freight Forwarder. A freight forwarder of household goods, unaccompanied baggage, or used automobiles.
* Interstate Freight Carriers.
* Intrastate and Interstate Carriers of Hazardous Waste.
* Exempt. These for-hire carriers are specifically exempt from economic regulation by the STB. This gives them freedom from economic regulatory control by the type of commodity hauled ( agriculture, lumber, etc.), or by the nature of its operation, such as ancillary service to the air and ocean transportation industry. Rates charged and services provided and the numbers of vehicles used are determined strictly by market supply and demand.
* Private versus for-hire. The private carrier provides a service to the shipper that owns or leases the vehicles, and thus does not charge a fee. The for-hire carrier charges a fee for providing service to the public and can operate intrastate and interstate.
* Local vs. Inter-city. For-hire carriers are either local or inter-city operators. As local carriers they pick up and deliver interstate freight within what is commonly called a commercial zone of a city or region as defined by the Surface Transportation Board (STB).
* Interstate For-Hire Operating Authority. Interstate operating authority is required to transport property (regulated commodities) or passengers for-hire in interstate commerce. Obtaining this authority can be done by contacting the USDOT’s Federal Motor Carrier Safety Administration (FMCSA) at (800) 832-5660. It can also be don by processing a registration request online at www.fmcsa.dot.gov.
* Common vs. Contract. Common carriers are required to serve the general public when the need to do so is there, at reasonable rates, and without discrimination. Contract carriers, on the other hand, serve specific shippers with whom the carriers have a contract and are therefore not available for carrying freight for the general public.
* Intrastate Private Motor Carriers. Persons who provide transportation of property or passengers by commercial motor vehicle and are not for-hire motor carriers.
* Intrastate Household Goods Freight Forwarder. A freight forwarder of household goods, unaccompanied baggage, or used automobiles.
* Interstate Freight Carriers.
* Intrastate and Interstate Carriers of Hazardous Waste.
* Exempt. These for-hire carriers are specifically exempt from economic regulation by the STB. This gives them freedom from economic regulatory control by the type of commodity hauled ( agriculture, lumber, etc.), or by the nature of its operation, such as ancillary service to the air and ocean transportation industry. Rates charged and services provided and the numbers of vehicles used are determined strictly by market supply and demand.
