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Trailer Brakes and Surge Brakes
By Sergeant Jim Brokaw, Nebraska State Patrol

     Quite often the question comes up “Do I need brakes on my trailer?’’  For large trailers, the answer is obviously “yes.”  In addition to safety regulations requiring brakes on these trailers, Nebraska statute §60-6,246 states: “All commercial trailers with a carrying capacity of more than 10,000 pounds and semi-trailers shall be equipped on each wheel with brakes that can be operated from the driving position of the towing vehicle.”

     When the same question arises for smaller trailers, the answer becomes “sometimes.”  Cabin trailers and recreational trailers (i.e. boat trailers) with a loaded weight of 3,000 or more but less than 6,500 pounds must be equipped with brakes on at least two wheels.  Larger boat and cabin trailers with loaded weights of 6,500 pounds or more must have brakes on each wheel of the trailer. These brakes must remain operable from the driving position of the towing vehicle. In addition, they must be equipped with a breakaway, surge or impulse switch on the trailer, so that, in the event the trailer should ever disengage from the towing vehicle, the trailer brakes are activated.  This statute does not specifically require brakes for small utility trailers (under 10,000 lbs).  However, it does require them to be equipped with safety chains.

     Even so, we have additional requirements for trailer brakes.  Through Nebraska statute §75-363, we adopted the Federal Motor Carrier Safety Regulations as a state law.  These regulations apply to all employers, employees, and commercial motor vehicles that transport property or passengers in commerce.  The term “Commercial Motor Vehicle” means:

 “Any self-propelled or towed motor vehicle used on a highway in commerce to transport passengers or property when the vehicle has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 10,001 pounds or more, whichever is greater.”

     Most people think these regulations only apply to trucking companies.  Actually, they apply to any type of business enterprise that may use a “commercial motor vehicle,” including such trades as professional lawn care, auto or equipment dealers, construction, plumbers, electricians and so forth.

      The safety regulations state “Every commercial motor vehicle shall be equipped with brakes acting on all wheels.” So, when used in “commercial motor vehicle” combinations, trailers must be equipped with brakes on each wheel.  The regulations do provide an exception for certain small trailers having a gross weight less than 3,000 lbs.  The trailer brakes must remain operable from the driving position of the towing vehicle.  In addition, each trailer required to be equipped with brakes should have brakes which apply automatically and immediately upon breakaway from the towing vehicle.

     When brakes are required on trailers, sections 393.48 and 393.49 of the FMCSRs currently do not allow the use of surge brake systems.  A surge brake is a system in which the hydraulic brakes of the trailer are actuated as a result of forward pressure of the trailer against the towing vehicle during deceleration.  It should be noted, similar language in our state statute also prevents their use on those trailers required by law to be equipped with brakes.

     Earlier this year, the Surge Brake Coalition petitioned the Federal Motor Carrier Safety Administration to allow the use of surge brakes for certain combinations of commercial motor vehicles based on towing vehicle to trailer GVWR ratios.  In response to this petition, the FMCSA published a Notice of Proposed Rulemaking (NPRM) in the Federal Register on October 7, 2005 requesting comment.

     In consideration of the decision to grant the Surge Brake Coalition’s petition for rulemaking, an enforcement policy was also issued by the FMCSA requesting that states refrain from taking any enforcement action on an inertial surge brake system used on:

(1)            A trailer with a gross vehicle weight rating (GVWR) of 12,000 lbs. or less, provided its GVWR does not exceed 1.75 times the GVWR of the towing vehicle; or

(2)            A trailer with a GVWR greater than 12,000 lbs., but less than 20,001 lbs., provided the GVWR does not exceed 1.25 times the GVWR of the towing vehicle.

     Vehicle configurations in which the trailer has a GVWR greater than 20,000 lbs. are prohibited from using surge brakes.  Nebraska currently follows this enforcement policy.

     This policy will remain in effect until the Agency has completed its rulemaking in response to the Surge Brake Coalition’s petition.  FMCSA stated this policy should not be construed to suggest that the outcome of the rulemaking has been predetermined.  If, after reviewing the public comments received in response to the Notice of Proposed Rulemaking, the Agency determines inertial surge brakes should not be allowed on commercial motor vehicles for safety reasons, this enforcement policy will be rescinded immediately.

     Questions or requests for additional information may be directed to the Nebraska State Patrol’s Carrier Enforcement Division at 402-471-0105.

 

Commercial Vehicle Inspections

By Tom Junge, Iowa Field Director

     As a follow-up to my December column and a change in the law requiring farm vehicles in Iowa to be inspected by July 1, 2005, members had a few questions regarding vehicle inspections.

     According to the Federal Motor Carrier Safety Regulations (Title 49 Code of Federal Regulations 396.17), commercial motor vehicles must pass a thorough inspection by a qualified inspector at least once every 12 months.  A commercial motor vehicle is defined as any self-propelled or towed motor vehicle used on a highway in intrastate or interstate commerce to transport passengers or property when the vehicle has a gross weight or gross combined weight greater than 10,000 lbs.

  1. What trucks have to be inspected?
    Any truck that has a gross vehicle weight rating (GVWR) or gross vehicle weight of more than 10,000 lbs. used “in commerce” must be inspected.  “In commerce” means used in the furtherance of a commercial enterprise.  This includes farming operations.
    EXCEPTION:  Trucks that have a gross vehicle weight rating of 10,000 lbs. or less used in combination with a trailer, have a combined gross vehicle weight rating of 26,000 lbs. or less, and only conduct business in Iowa, are exempt from the annual inspection requirements.  This exception includes most pick-up trucks and trailers that only operate in Iowa.  Please check the GVWR of the truck and trailer to be sure.
  1. How often must I inspect my truck?
    Once a truck is inspected, the inspection is valid for 12 months from the date of the inspection.
  1. Where can I get my truck inspected?
    Most truck dealers and many major truck stops may be contacted.
  1. Is there a charge for the inspection?
    The rule requiring the inspection does not establish a fee nor does it prohibit a fee.  You should check with your inspection facility prior to having the vehicle inspected.
  1. Can I do my own inspections?
    There is nothing to prohibit you or your employee from conducting the inspection as long as you or your employee meets the qualifications.  If you would like more information on inspector qualifications and a sample copy of an inspection certificate see www.iamvd.com/omve/inspection.pdf.
  1. What safety equipment must be inspected?
    The inspection must be performed according to the Federal Motor Carrier Safety Regulation found in Title 49 Code of Federal Regulations Chapter III Subchapter B Appendix G.  For a printable copy of that information please see www.iamvd.com/omve/inspectionstandards.pdf.
  1. Does anything need to be carried in the truck to prove the vehicle has been inspected?
    The driver must carry a copy of the actual inspection in the vehicle or attach a decal with similar information to the vehicle.
  1. What happens if I am stopped and my truck is not inspected?
    The fine for no valid inspection is currently $25 plus court costs and surcharges.
  1. Who can I contact for further information regarding annual inspections?
    For additional information, contact the Iowa Department of Transportation’s Office of Motor Vehicle Enforcement Information Line at 1-800-925-6469 or the Federal Motor Carrier Safety Administration at 1-515-233-7400

 

Upgrading Your Tow Vehicle or Trailer May Require a CDL Operator!
By Tom Junge, Iowa Field Director

     Looking to increase the size of your trailer or towing vehicle?  Be aware that these larger combination vehicles may require your employees to acquire a commercial driver’s license (CDL).  Unfortunately, two Iowa dealers recently found this out.  The Iowa Department of Transportation (DOT) offers a helpful flow chart to help you determine when you will need a CDL or chauffeurs’ license.  Following is a brief overview:

Commercial Driver’s License

A commercial driver’s license is required for anyone driving a:

v     Single vehicle with a gross weight rating (GVWR) of more than 26,000 pounds.

v     Combination vehicle with a gross combined weight rating (GCWR) of more than 26,000 pounds when the towed unit is over 10,000 pounds.

v     Vehicle that carries 16 or more passengers.

v     Vehicle that transports hazardous materials requiring placards.

     To help you determine which class of CDL is required, follow the flow chart below.  Always start at the top, left-hand corner.

     A driver issued a Class A CDL may drive either a group A, B or C commercial motor vehicle with the proper endorsements.  A driver issued a Class B CDL may drive group B or C commercial vehicles with the proper endorsements.  A driver issued a Class C CDL may only drive group C commercial motor vehicles.

Class D – Chauffeur’s License

     A class D chauffeur’s license with applicable endorsement is required in the following situations:

D1 – A truck-tractor/semi-trailer combination owned by a farmer and operated by the          farmer or hired hand, when claiming the 150 air-mile CDL exception.

D2 – A person operating a truck with a GVWR of 16,001 to 26,000 pounds.

D3 – A person paid or compensated to operate a vehicle designed to transport 15 or fewer passengers, including the driver.

The minimum age requirement for Class D is 18 years of age.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

     For a nice reference manual, visit www.iamvd.com/omve/truckguide.pdf.

 

Electronic Truck Recorders Under Federal Review

The Federal Motor Carrier Safety Administration (FMCSA) is seeking comments on potential amendments to its regulations concerning the use of onboard recording devices to document operator compliance with the federal hours-of-service rules.  Because current regulations do not reflect the considerable advances in the technology used in current-generation recording devices (also known as electronic onboard recorders or EOBRs), the FMCSA is seeking information concerning issues that should be considered in the development of improved performance specifications for these recording devices.

The FMCSA believes EOBRs that are properly designed, maintained and used would enable motor carriers to track their drivers’ on-duty and driving hours accurately.  This would allow motor carriers to better prevent regulatory violations or excessive driver fatigue and allow them to schedule vehicle and driver operations more efficiently.  The Department of Transportation’s main concern with the EOBRs centers on compliance enforcement.

The costs to equip new vehicles and retrofitting old vehicles are unknown.  Law enforcement also would have to be equipped with “readers” to download electronic logbooks and the EOBRs would have to be able to recognize individual drivers as well as log when a truck is being driven and not just running.  Comments must be received on or before November 30, 2004.

Source:  NAEDA Update, September 17, 2004

 

DOT Regulatory Reminder

Must I have USDOT# on my pickup?

There are several factors to consider:

  1. USDOT # requirements
  2. Definition of CMV
  3. Marking a CMV
  4. When a CDL is required

Bottom Line: Just because your USDOT# and Company Name are painted on the sides of your pickup truck doesn’t mean the driver must have a commercial drivers license (CDL).  If your pickup truck isn’t hauling a hazardous material that requires a placard and is less than 26,001 pounds, the driver of the pickup does not need a CDL.

Day #1: Company 1/2-ton pickup truck is going to haul a placardable amount of pesticide across state line.  The following must occur:

  1. The vehicle becomes a commercial motor vehicle (CMV) in interstate commerce and must have a USDOT#, company name and placards on the truck
  2. The driver must have a CDL with Hazmat endorsement
  3. The driver must have a medical certificate while operating the truck
  4. The truck must go through pre-trip and documented post-trip inspections
  5. The driver must keep a log or observe the 100-air-mile radius rule
  6. The truck must have an annual DOT inspection

Day #2: Same company 1/2-ton pickup is going to haul Roundup to a farmer 20 miles down the road in the same state (Roundup is not a DOT regulated commodity).  The following must occur:

  1. USDOT # and company name are not required on the truck for this day, but can remain on the truck even if it’s not considered a CMV for day #2
  2. Driver doesn’t need a CDL
  3. Driver doesn’t need a medical certificate
  4. No pre-trip or post-trip inspections required
  5. Driver doesn’t need to keep a log
  6. The truck still must have an annual DOT inspection (because of Day # 1 above)

USDOT# Requirements

A USDOT # must be displayed on each side of a self-propelled commercial motor vehicle that has a gross vehicle weight rating (GVWR), gross vehicle weight (GVW), or gross combination weight (GCW) of 10,001 lbs. or more, whichever is greater.

If a vehicle such as the 1/2-ton pickup above sometimes falls into a category of a CMV needing USDOT # and sometimes doesn’t, it’s fine to mark it with USDOT # and Company Name and its there when you need it.  Enforcement officials cannot ticket your driver for not having a CDL if the vehicle is not in a CMV mode of transport.  If your driver does get a ticket for no CDL just because the pickup has USDOT # on it, fight it.

Definition of a CMV

Commercial Motor Vehicle is any self-propelled or towed vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:

  1. Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 10,001 pounds or more, whichever is greater
  2. Is designed or used to transport more than 8 passengers (including the driver) for compensation
  3. Is designed or used to transport more than 15 passengers, including the driver, and not used to transport passengers for compensation
  4. Is used in transporting material found by the Secretary of Transportation to be hazardous in a quantity requiring placarding

Marking a CMV

Every self-propelled CMV must be marked as specified below.

Size, shape, location, and color of marking must:

The marking may be painted on the motor vehicle or may consist of a removable vinyl or magnetic device as long is it’s legible and maintained.

CDL Requirements

Anyone operating a commercial motor vehicle as defined above is required to have a commercial driver’s license.  This same definition is used in determining a driver’s participation in a DOT random alcohol and drug-testing program.  The applicable definition refers to vehicles used in commerce, whether interstate or intrastate, and meets one of the following:

CDL Classes

The federal regulations describe three vehicle groups for purposes of the commercial driver’s license.  The groupings are as follows:

CDL Endorsements

Drivers are required to obtain endorsements for their commercial driver’s license to operate certain types of commercial motor vehicles.  Endorsements are required to operate vehicles that are:

Source:  RCI Safety Sentinel, July-August 2004

 

Previous Employers Must Give Info on Past Drivers

     In order to make it easier for motor carriers to hire a prospective driver with a good safety record, previous employers must make information available to the hiring motor carrier.  The hiring motor carrier is also responsible for reviewing prospective driver’s driving safety records in order to make an informed decision for hiring safe drivers.

     The hiring motor carrier is required to tell the prospective driver that they have the right to review, request a correction, or refute information that a previous employer provided in a driver’s safety history.

     The rule limits the liability of those who provide and use the prospective driver’s safety records.

     Previous employers must respond within 30 days to questions from a hiring motor carrier reviewing a prospective driver.  Previous employers must go back three years to confirm employment and provide information about: 

     Motor carriers must begin to keep information on their own drivers’ vehicle accidents for three years, starting with accidents that occurred after April 29, 2003.  Employers must also notify driver-applicants of their right to review the information obtained from previous employers and their right to correct errors on that information.

     Carriers who fail to comply are subject to citations and penalties.  The rule applies to all motor carrier employers regulated by FMCSA regulations whose employees apply to work for a motor carrier in interstate commerce.

Filing Requirements

     Beginning October 29, 2004, employers will be required to maintain all accident and drug/alcohol testing information obtained from previous employers, as well as drivers’ authorizations to obtain that information.  The records are to be kept confidential and should only be used for the hiring decision, although the non-drug/alcohol-related information can be shared with insurers.  According to the FMCSA, the documents can be placed in a “driver investigation history file” or combined with drug/alcohol files.

Source:  The Safety Sentinel, May-June 2004

Requirements for New CMV Drivers

     New mandatory training requirements have been set for entry-level drivers operating a commercial motor vehicle (CMV) that require a commercial driver’s license (CDL).  The USDOT Federal Motor Carrier Safety Administration (FMCSA) recently published this final rule.

     There are 4 specific topics that must be covered in the instruction:

1.      Driver Qualification - medical certification, medical exams, general qualifications, responsibilities, disqualifications based on the different offenses, orders and loss of driving privileges.

2.      Hours of Service - limitations of driving hours, off-duty requirements, log book preparation and exceptions, explanation of hours of service set to eliminate driver accidents. 

3.      Driver Wellness - basic health information including diet and exercise, and the importance of avoiding excessive use of alcohol.

4.      Whistleblower Protection - the driver has a right to question the safety practices of a company without the threat of losing his/her job or threat of any negative action taken against the driver.

     There are no required hours of instruction on new driver training, but the FMCSA estimates that an instructor would need to devote about 10 hours for all heavy truck, motor coach and school bus drivers.

     Who’s considered an entry-level driver?  Any driver who has less than one year of driving experience.

     Effective Date:  Any entry-level driver hired prior to July 20, 2004 must be trained by October 18, 2004.  Any entry-level drivers hired after July, 2004 must be trained before they begin driving for you.

     Recordkeeping Requirements:  training records must be kept for one year beyond the end of the driver’s employment with your company.

     Call Regulatory Consultants, inc. (RCI) at 800-888-9596 to learn more about their New Hire Driver Training Program to be available soon.

Source: The Safety Sentinel, May-June 2004

 

Federal Motor Carrier Safety Administration & DOT Update
By Tom Junge, Iowa Field Director

New Driver Hiring Regulations Put into Place

     Effective October 20, 2004, new Federal Motor Carrier Safety Administration (FMCSA) regulations will require companies to provide employment information about former drivers who become drivers for new employers.  These FMCSA regulations require that prospective employers request the following information: 

Ø      General driver ID

Ø      Employment verification information

Ø      Information on all accidents involving the applicant

Ø      Violation of any Department of Transportation (DOT) alcohol or drug regulations

Ø      Attendance of substance abuse rehabilitation programs

Former or current employers must provide the above information within 30 days of the request.  Access FMCSA rules at: www.fmcsa.dot.gov/rulesregs/fmcsrhome.htm

 DOT Number Required for Interstate Travel with Tow Vehicle and Trailer

     More dealers have replaced their straight trucks and use tow vehicles and fifth-wheel trailers to move smaller equipment.  Recently, four dealers were informed that if their tow vehicle/trailer gross combined weight rating (GCWR) was more than 10,000 lbs. and they crossed state lines, the vehicle would be considered a commercial motor vehicle and would require a U.S. DOT number.  In addition, that vehicle must abide by interstate commerce commercial motor vehicle laws.  The Illinois DOT informed two of the dealers, while the others involved the Missouri and South Dakota DOT.

     Note:  If this type of combination vehicle stays within the state (either Iowa or Nebraska), no U.S.  DOT number is required at this time.

     As tow vehicles and trailers become bigger, more combination vehicles will fall under commercial motor vehicle laws for in-state use.  For example, if a tow unit is over 10,000 lbs. and the combination tow vehicle/trailer is over 26,000 lbs., it is considered a commercial motor vehicle.  One dealer had the unfortunate experience where his combination vehicle weighed 27,000 lbs. and the vehicle was pulled over.  The driver did not have a commercial driver’s license, so he lost his driver’s license for six months.

     Don’t be surprised to see more regulations regarding tow vehicle/fifth-wheel trailer combination vehicles.  The DOT has noted a huge increase in the usage and size of these types of vehicles.  Some states already require DOT numbers for in-state travel for these types of combination vehicles.

     References:

Iowa:   www.dot.state.ia.us/mvd/omve/truckguide.pdf
            Nebraska: www.nebraskatransportation.org/intermodal/pdfs/b4ustart.pdf

Surge Brakes
     As a reminder, the Federal Motor Carrier Safety Administration requires commercial businesses to use trailers with electrical brakes.  Surge brake trailers are not permitted. 

 

New Guidelines for Cargo Tiedowns to be Enforced July 1, 2004
Truckers Beware
By Tom Junge, Iowa Field Director

     Recently, a dealer brought it to my attention that the Iowa Department of Transportation (DOT) will begin enforcing the new Federal Motor Carrier Safety Administration (FMCSA) cargo securement guidelines that went into effect January 1, 2004.  The Iowa DOT announced a six-month grace period, which ends June 30, 2004.  Since this is a Federal law, enforcement will occur in all states.  I have heard from the Iowa Motor Truck Association that fines have been substantial in some states that have already started enforcing the new guidelines.

     First, I will provide the FMCSA rules.  Then I will discuss the change in the working load limit (WLL) for direct tiedowns (anchor point to axle) and the DOT’s recommendations.

 

Federal Motor Carrier Safety Administration Rule 393.130 

 (a)Applicability.  The rules in this section apply to the transportation of heavy vehicles, equipment and machinery which operate on wheels or tracks, such as front end loaders, bulldozers, tractors, and power shovels and which individually weigh 4,536 kg (10,000 lb.) or more.  Vehicles, equipment and machinery lighter than 4,536 kg (10,000 lb.) may also be secured in accordance with the provisions of this section, with 393.128 (minimum of two tiedowns).

 

(b)Preparation of equipment being transported.  

(1) Accessory equipment, such as hydraulic shovels, must be completely lowered and secured to the vehicle.

(2) Articulated vehicles shall be restrained in a manner that prevents articulation while in transit.

 

(c) Securement of heavy vehicles, equipment or machinery with crawler tracks or wheels.  

(1) In addition to the requirements of paragraph (b) of this section, heavy equipment or machinery with crawler tracks or wheels must be restrained against movement in the lateral, forward, rearward and vertical direction using a minimum of four tiedowns (all 4 corners).

(2) Each of the tiedowns must be affixed as close as practicable to the front and rear of the vehicle, or mounting points on the vehicle that have been specifically designed for that purpose.

Federal Motor Carrier Safety Administration Rule 393.106(d)

     Determining the aggregate working load limits for tiedowns.  Agency Policy: The aggregate working load limit of tiedowns used to secure an article or group of articles against movement must be at least 1/2 times the weight of the article or group of articles.  The aggregate working load limit is the sum of:

(1) Direct Tiedown - One-half the working load limit of each tiedown that goes from an anchor point on the vehicle to an attachment point on an article of cargo; and 

(2) Indirect Tiedown - The working load limit for each tiedown that goes from an anchor point on the vehicle, through, over or around the cargo and then attaches to another anchor point on the vehicle.   

     The guideline that has changed that will cause most dealers and distributors to fall out of compliance is that the WLL for direct tiedowns is now cut in half.  There is concern that some states may conclude that indirect tiedowns will not restrict lateral movement and will not be in compliance, therefore indirect tiedown is not recommended unless used as a secondary tiedown to reach the desired aggregate WLL.

 

     To better explain the impact of this change, I will calculate the working load limit (WLL) for a typical tiedown procedure of running four chains (one from each axle to an anchor point on the vehicle).  This approach addresses the requirement of restricting cargo movement in the lateral, forward, rearward and vertical direction and is recommended by the DOT.

     Let us assume we are using four 3/8” grade 7 or 70 transport chains (6,600 WLL) and 8,000 lb.  (WLL) chain binders.

     The WLL of a tiedown assembly is the lowest WLL in that assembly, which in this case is the transport chain.  Since this is a direct tiedown, each chain provides ½ of it WLL or 3,300 lbs., providing an aggregate of 13,200 lbs. WLL.  Since the rule says the WLL of the tiedown assembly needs to be at least ½ times the weight of the article being transported, our max weight of the load can only be 26,400 lbs.  (Note: To keep it simple in determining the aggregate WLL of the tiedown assembly, just add the lower WLL of each tiedown instead of multiplying the WLL by ½ and then dividing by ½.)  

     As many of you know, 26,400 lbs. doesn’t get us very far these days.  Ag equipment can easily reach 40,000 lbs. (with some reaching 50,000 lbs.) and construction equipment can easily exceed these weights.  

 

What are your options? 

            (1) Increase the grade of chain - grade 10 is available and grade 12 WLL numbers will be coming soon.

            (2) With number (1), increase the WLL of the chain binder.  10,000 or 13,000 lb. binders are available.

            (3) Increase the size of chain.

            (4) Use more chains and binders (adding more indirect tiedowns or direct tiedowns) 

 

In summary, here is DOT’s recommendation:

     Under 10,000 lbs. – Use the four corner tiedown approach.  Only two tiedowns are required, however the four tiedowns addresses the lateral movement issue.

     Over 10,000 lbs. – use the four corner tiedown approach.  Add additional direct tiedowns to drive axles as first option for adding WLL.  This provides extra protection for forward movement.  As a second option, use indirect tiedowns.

     For articulated vehicles – use the four-corner tiedown approach and secure articulation point either by indirect or direct approach.

[Working Load Limits (WLL), Chain]

Size mm (inches)

WLL in pounds

Grade 3 or 30 proof coil

Grade 4 or 43 high test

Grade 7 or 70 transport

Grade 8 or 80 alloy

Grade 10 or 100 alloy

1.  7 (1/4)

1,300

2,600

3,150

3,500

4,300

2.  8 (5/16)

1,900

3,900

4,700

4,500

5,700

3.  10 (3/8)

2,650

5,400

6,600

7,100

8,800

4.  11 (7/16)

3,700

7,200

8,750

 

 

5.  13 (1/2)

4,500

9,200

11,300

12,000

15,000

6.  16 (5/8)

6,900

13,000

15,800

18,000

22,600

 

     NOTE: The working load limits listed in the tables are to be used when the tiedown material is not marked (by the manufacturer) with the working load limit.  Welded steel chain which is not marked or labeled to enable identification of its grade or working load limit shall be considered to have a working load limit equal to that for grade 3 or 30 proof coil chain.

     Like many rules and regulations, it is difficult to decipher the guidelines that enforcement will follow.  Hopefully, this warning will cause you to review your current tiedown procedure.  For information on the Federal Motor Carrier Safety Administrative Rules, see www.fmcsa.dot.gov/rulesregs/fmcsrhome.htm 

 

Why Your Business Must Have a Drug and Alcohol Testing Program

  1. Do you have a driver with a CDL?
  2. Do you have an employee that drives a vehicle or combination vehicle and trailer with a gross vehicle weight rating of 26,001 or more pounds?
  3. Do you have an employee that hauls any size vehicle with a placardable amount of a hazardous material?

     If you answered YES to any of the above questions, even if it’s just one employee, even if it’s you - that employee must have a CDL.  If you have a CDL, you must be in a drug and alcohol testing program.

     When do you have to test for drug and alcohol?  There are 4 reasons to test:

  1. Pre-hire
  2. Post-accident
  3. Random selection
  4. Reasonable cause

     Why should you bother with all the paper work, hassle and cost?

  1. Let’s say you don’t have a drug and alcohol testing program.  But three nearby businesses who hire drivers do have a drug and alcohol testing program.  Where do you think all the people who have a drinking or drug problem are going to apply for a job?  Word gets around fast on what businesses do and don’t test.
  2. If a driver has an accident and has been drinking and gets a DUI, it is likely to trigger a DOT Audit.  The DOT auditor comes to your business and investigates your drug and alcohol program. If you don’t have one, you will face large fines and will be put on the list for another DOT audit in the near future to face more fines.  The more this happens in the industry, more and more businesses will be getting DOT audits.
  3. It’s the law.

     If you would like more information about the drug and alcohol testing program, please call 800-888-9596 and Regulatory Consultants, Inc. (RCI) will help you.  RCI is in partnership with the leading drug and alcohol testing company in the nation providing the highest quality program at an affordable price.

Source:  RCI Safety Sentinel, March-April 2003

 

Does Your Dealership Operate a Low Boy?

     It’s one of the worst situations truck drivers can find themselves in, and it happens all too often.  That moment when you realize you’re hung up on railroad tracks at what is officially known as a high profile crossing, but you may know it better as humped crossing. Then, as you start to figure out how to get off the tracks, you hear a train horn.

     In recognition of the serious consequences of a train and truck collision, a federal regulation was passed in 1999 making it illegal for any CDL vehicle to be stopped on railroad tracks for any reason.  A first conviction means you’ll lose your license for not less than 60 days.  Many states are aggressively enforcing this law.

     The Department of Transportation has marked many of these crossings with a yellow and black diamond shaped sign that shows a graphic of a tractor-trailer and railroad tracks. This is a warning that drivers of any low-clearance vehicle should not attempt to use this crossing because of the risk of getting hung up on the tracks.  Even if a stranded truck manages to get off the tracks, the rails can be damaged in the process – disastrous for the next train.

     If you do find yourself accidentally heading toward what is clearly a humped crossing, do what you can to avoid crossing it.  Can you back up?  Turn around?  Don’t take a chance that you can cross it.  Many trucks that manage to make it over a humped crossing get hung up coming back.

     If there is no way you can avoid the humped crossing, stop your vehicle as far off the road as you can get from any passing traffic.  Then call 911 or the local number for law enforcement and ask them to come out and work with you to get your rig safely back onto the main road.

     If the worst happens and you do get hung up, contact the railroad immediately.  Most crossings are identified by a sign, usually attached to the post where the cross bucks are mounted, which identifies the milepost location, the crossing inventory number, the name of the railroad that operates on that track, and a toll free 800-phone number to contact.

     Do not stay inside your vehicle.  If you attempt to free it, be alert for an approaching train and be prepared to leave the area immediately if you hear one approaching.  Move away from the tracks in the direction of the oncoming train. Remember – when a train strikes an object in its path it will push it forward.  By heading in the direction of the oncoming locomotive, you’ll be moving away from any object it may strike.

     Truckers play a vital role in maintaining our nation’s economy and in your dealership’s ability to serve its customers.  Equally important is making sure that drivers are safe.

Source:  Pacific Northwest Association, May 2003

 

Don’t be Surprised by New CDL Rules

Dave Cameron, Federated Insurance Company - Equipment Dealer Magazine, July 03

Not so many years ago, almost anyone could legally drive a truck, bus or any motor vehicle as long as they had a valid driver’s license. In fact, people were able to obtain drivers licenses from more than one state and “hide” convictions among several states’ driving records.

The goal of the Commercial Motor Vehicle Safety Act of 1986 was to improve highway safety by setting minimum national standards for drivers of large trucks and buses. It became illegal to hold more than one license. Since 1992, drivers have been required to have a commercial drivers license (CDL) in order to drive commercial vehicles. New standards required states to administer knowledge and skill tests related to the type of vehicle. Several classes of licenses were designated, based on criteria such as vehicle weights, handling hazardous material, or transporting  passengers.

Requirements for licensing and renewal of CDLs are constantly changing to address new issues and improve public safety, and with good reason.

Over eight million drivers have passed the knowledge and skills tests to obtain a commercial drivers license.

Approximately 11% have been disqualified at least once during a four-year period.

 A recent amendment to the Motor Carrier Safety Improvement Act will likely disqualify more drivers and could potentially cause concern for some employers, including equipment dealers whose drivers haul liquid fertilizer, pesticides, fuel or  other hazardous materials. In coordination with the U.S. Patriot Act, passed to help prevent terrorist acts, stricter rules are now imposed for drivers renewing their CDLs. Before a driver may be issued a “Hazardous Materials Endorsement” for a CDL, the State must determine that the individual does not pose a security risk.  A detailed “threat assessment” which includes a federal criminal background check is conducted by the Transportation Security Administration (TSA). The State then receives verification from the TSA that a person is not considered a threat.

However, if a driver does not pass the threat assessment, only the individual and the State will be notified. The driver’s status will not be disclosed to employers. You may not be aware that a driver has been disqualified unless the employee informs you, or until you check the employee’s MVR. Serious criminal offenses such as terroristic activity, violent crime or fraud could automatically disqualify a person. However, the driver may also be disqualified based on circumstances such as arrests with undetermined results; involuntary commitment to a mental institution for mental defects, mental illness or drug use; questionable citizenship status; or other criteria. Individuals may file an appeal for correction of errors or seek a waiver. Be certain appropriate personnel have a valid Hazardous Materials Endorsement for their CDL.

DRIVERS FILE

How can you effectively comply with CDL program standards and avoid any surprises?

Start by maintaining a file for each driver.

Business managers must assure that all drivers of commercial motor vehicles meet the minimum qualifications specified in the Department of Transportation Rules Part 391.  A driver must meet the following requirements:

a      Be at least 21 years of age, in good health and physically able to safely perform all driving duties
a      Speak and read English adequately and understand highway traffic signals
a      Know how to safely load and properly block, brace, and secure cargo
a      Have only one valid commercial motor vehicle operator’s license
a      Provide a list of motor vehicle violations or a signed statement of no motor vehicle violation
         convictions during the past 12 months*
a      Pass a driver’s road test or equivalent 
a      Complete an application for employment
a      Possess a valid medical certificate

*A disqualified driver must not be allowed to drive a commercial vehicle for any reason.

The driver’s file should include:
a      Driver’s application for employment
a      Inquiry to previous employers (in the last three years)
a      Documentation of annual request for motor vehicle record (MVR) for the past 3 years
a      Annual review of driving record
a      Annual driver’s certification of violations
a      Driver’s road test certificate or equivalent
a      Medical examination certificate signed by a licensed health care professional (renewed
         every two years)
a      Required drug and alcohol testing results

Don’t be surprised if the CDL requirements continue to change frequently in the next few years. We will continue to assist dealers in keeping their drivers up to speed and operating safely.

 

New Commercial Driver’s License Requirements

CDL holders will now be disqualified for some convictions in non-commercial (including private) vehicles. New changes took affect on September 30, 2002. CDL holders will be held to a higher standard than non-CDL drivers. CDL holders that receive convictions for major or serious violations, whether in a private vehicle or a commercial motor vehicle (CMV), could be disqualified from operating a CMV. The length of the disqualification period is dependant on the violation (conviction) and/or number of occurrences.

Being convicted of one of the following offenses can result in a 1-year CDL disqualification, in most cases whether driving a CMV or non-CMV:

  1. Being under the influence of alcohol
  2. Being under the influence of a controlled substance
  3. Having an alcohol concentration of 0.04 or greater while operating a CMV
  4. Refusal to take an alcohol test as required 
  5. Leaving the scene of an accident
  6. Using a vehicle to commit a felony
  7. Driving a CMV while the driver’s CDL is revokes, suspended or cancelled
  8. Causing a fatality through the negligent operation of CMV

Being convicted for the second time of one of the above offenses can result in losing a CDL for LIFE.

Being convicted of using a vehicle involving a felony can result in losing a CDL for LIFE and not eligible for a 10-year reinstatement. 

Being convicted of any of the following two offenses within a 3-year period can result in a 60-day CDL disqualification, in most cases whether driving a CMV or non-CMV:

    1.      Excessive speeding of 15 mph or more above the posted limit
    2.      Reckless driving
    3.      Making improper or erratic lane changes
    4.      Following the vehicle ahead too closely
    5.      Moving violations in connection with a fatality
    6.      Driving a CMV without obtaining a CDL
    7.      Driving a CMV without a CDL in the driver’s possession
    8.      Driving a CMV without obtaining the proper class of CDL or endorsements the type of vehicle being
                 operated

Being convicted for a third offense within a 3-year period can result in a 120-day CDL disqualification.

Being convicted of any of the following offenses when the driver is operating a CMV at the time of the violation can result in at least 60-day CDL disqualification for the first conviction, at least 120-days for the second within a 3-year period, and at least 1-year for the third conviction in a 3-year period:

    1.      When not required to stop, driver fails to slow down & check that tracks are clear of an approaching train
    2.      When not required to stop, driver fails to stop before reaching the crossing, if the tracks are not clear
    3.      When a driver is required to stop, but fails to stop before driving onto the crossing
    4.      The driver fails to have sufficient space to drive completely through the crossing without stopping
    5.      The driver fails to obey a traffic control device or the directions of an enforcement official at the crossing
    6.      The driver fails to negotiate a crossing because of insufficient undercarriage clearance

Being convicted of transporting a non-hazardous material while violating a driver or vehicle out-of-service order can result in a 90-day to 1-year CDL disqualification.

A second conviction within a 10-year period can result in a CDL disqualification of 1 to 5 years. The third conviction within a 10-year period can result in a 3 to 5 year loss of license.

Being convicted of transporting a hazardous material or a passenger vehicle while violating a driver or vehicle out-of-service order can result in a 90-day to 1-year CDL disqualification.

A second conviction within a 10-year period can result in a CDL disqualification of 1 to 5 years. The third conviction within a 10-year period can result in a 3 to 5 year loss of license.

 

Exemption for Implements of Husbandry in Iowa (Chapter 321.453 Exemptions)

The provisions of this chapter governing size, weight, and load, and the permit requirements of chapter 321E do not apply to fire apparatus; road maintenance equipment owned by, under lease to, or used in the performance of a contract with any state or local authority; or to implements of husbandry moved or moving upon a highway, except for those implements of husbandry moved or moving on any portion of the interstate and except as provided in sections 321.463, 321.471, and 321.474. A vehicle, carrying an implement of husbandry, which is exempted from the permit requirements under this section shall be equipped with an amber flashing light visible from the rear.  If the amber flashing light is obstructed by the loaded implement, the loaded implement shall also be equipped with and display an amber flashing light.  The vehicle shall also be equipped with warning flags on that portion of the vehicle which protrudes into oncoming traffic, and shall only operate from thirty minutes prior to sunrise to thirty minutes following sunset.

 

Some Good News About Nebraska Trucking Laws
By Mark Othmer, I-NEDA, Nebraska Field Director

     Every spring, it seems like our office receives several calls from dealers concerning oversize loads when trucking equipment.  Dealers often call when they are busy delivering new equipment customers purchased over the winter months.  Since equipment continues to get wider and longer, dealers need to ask questions about the legality of delivering this equipment without breaking any laws.  Now there’s some really good news for farm equipment dealers delivering oversize equipment to their customers.  As long as he/she delivers equipment in the normal course of doing business, there is no width limitation on the equipment a farm equipment dealer can haul.

     That’s right!  As long as you are a farm equipment dealer making a delivery to your customer, you can haul or tow any width of equipment, as long as it is done during daylight hours and off the interstate highway system.  A sergeant with the Carrier Enforcement Division of the Nebraska State Patrol explained it to me this way, “If a dealer in Falls City wants to tow a 24’ disc to Chadron, all he has to do is hook on to it and go – as long as he stays off the interstate highway system and is only on the road during daylight hours.”

     Nebraska code section 60-6288, paragraph 2, subsection (e) explains this special exemption.  It states that “No vehicle which exceeds a total outside width of one hundred two inches, including any load but excluding designated safety devices, shall be permitted on any highway which is not a portion of the National System of Interstate and Defense Highways, except that such prohibition shall not apply to:  farm equipment dealers hauling, driving, delivering, or picking up farm equipment, including portable livestock buildings not exceeding fourteen feet in width, or implements of husbandry during daylight hours.”  It is important to note that the fourteen feet width limitation applies only to livestock buildings, not farm equipment.

Where’s the confusion coming from?
     Confusion usually sets in when a dealer thinks he needs a permit to move a large piece of equipment and contacts the permit office.  Often, the dealer fails to identify himself as a farm equipment dealer, so the officer quotes commercial carrier rules, which are more stringent on oversize loads.  Another factor that can confuse the issue is when a dealer hires another trucking firm or dealer to haul a piece of equipment for him.  The exemption does not apply when a third party enters the picture.

What about over-length equipment?
     The length limitation in Nebraska is 65 feet, measuring from the end of the truck to the end of the equipment being towed.  However, an exemption does apply for farm equipment dealers hauling equipment in the county where their business is based or any adjoining county to them.

Are there any over-weight exemptions?
     There are no over-weight exemptions, so the same rules apply to farm equipment dealers as any commercial carrier.

So, I can hook on to anything and tow it anywhere?
      Dealers should be aware that if they haul, drive or tow over-width or over-length loads, they must continue to comply with the normal rules of the road.  For example, the outside edges of over-width loads and ends of over-length loads must be flagged.  Proper signage must also be displayed.  Most importantly – staying to the right of the highway centerline.  All other safety regulations pertaining to trucking must also be followed.  

     I encourage all dealers to obtain a copy of Nebraska Statute 60-6288, which details the over-width exemption for farm equipment dealers.  Add it to a file that your truck driver carries.  While the possibility exists that your truck might be stopped by a field officer for an over-width violation, if your driver has a copy of this law handy and presents it to the field officer in a non-confrontational manner, a citation should be avoided.  If you would like a copy of this law, please contact the Association office.

 

Drug and Alcohol Testing