Patrick Daley

1. Florida Moving Ahead into the 21st
Century

2. MAP-21 MANDATES
Raising The Bar

3. REGULATION UPDATES
Drug and Alcohol Clearinghouse
FMCSA Radom Testing Rate for 2017
Speed Limiters for Large CMV’s
30 minute Break Upheld

4. DOT Drug Testing Panel Increasing

5. MEDICAL CERTIFICATION PROGRAM

6. DOT Office of Drug and Alcohol
Policy and Compliance Notice
40.151 What are MROs prohibited from doing as part
of the verification process?
As an MRO, you are prohibited from doing the following as part
of the verification process:
(e) You must not verify a test negative based on information
that a physician recommended that the employee use a drug
listed in Schedule I of the Controlled Substances Act.

7. ELECTRONIC LOGGING DEVICES
ELD’S
December 18, 2017
FMCSA Certified
Self Certified
Data Transfer Methods

8. Drivers Required to Use Seat-Belts
Passengers Required to Use Seat-Belts
Sleeper Berth Restraints
Small Burden with Significant Benefits

9. FMCSA Advisory
Electronic Smoking Devices
JACKSON COUNTY, Ind. (Jan. 6, 2016) -- A truck
driver was taken to the hospital with facial
injuries after his e-cigarette exploded, causing
him to crash on the highway.

10. Exploding E-Cigarettes

11. Florida Statutes 316.302 and 316.70, contain the safety requirements that
apply to the operation of commercial vehicles on the state’s public highways.
In general, these laws have adopted the Federal Motor Carrier Safety
Regulations found in Chapter 49 of the Code of Federal Regulations (49CFR),
Parts 382, 382, 385 and 390 through 397, and the Hazardous Materials
Transportation Regulations found in 49 CFR, Parts 100 through 180, as they
apply to highway transportation.
There are specific exceptions to some of these regulations for vehicles
operated strictly in intrastate commerce. These exceptions can be found in
316.302, Florida Statute. You should consult your legal counsel for guidance.
SAFETY REGULATIONS IN FLORIDA LAW

12. AUDITS AND COMPLIANCE INVESTIGATIONS:
INTRASTATE NEW ENTRANT SEMINARS (FLORIDA ONLY)
Newly formed carriers (New Entrants), regardless of size, may participate in a New Entrant
Seminar.
INTERSTATE NEW ENTRANT SAFETY AUDITS
Carriers starting interstate operations are required to have a designated company official
participate in a New Entrant Safety Audit. FMCSA rules require the audit be conducted within a
specified period of time following the issuance of a DOT Identification Number. Failure to
comply in any part of the Safety Audit process may result in the carrier being placed Out Of
Service by FMCSA.
COMPLIANCE INVESTIGATIONS
A compliance investigation is an examination of a motor carrier’s operations to determine a
motor carrier’s safety fitness. Compliance areas include:

13. CMV MINIMUM LIMITS OF LIABILITY INSURANCE UNDER FLORIDA
STATUTES 627.7415 AND 627.742
CMVs subject to the regulations of the USDOT, 49 CFR 387, must file insurance in an
amount equivalent to the minimum levels of financial responsibility as set forth in the
following Schedule of Limits based on the type of transportation and commodity
transported:

16. Required Liability Coverage 16
• GVW 26,000 – 34,999 lbs. - $ 50,000
• GVW 35,000 – 43,999 lbs. - $100,000
• GVW 44,000 lbs. or More - $300,000
Note:
49 C.F.R. Part 387 applies to certain for-hire and hazardous materials
carriers.
Florida Statute 627.742 applies to non-public sector buses.

17. CMVs subject to the regulations of the USDOT, 49 CFR
387

18. DISTRACTED DRIVING
D.O.T statistics indicate that
approximately 57% of all automobile fatalities
in both 2014 and 2015 were reportedly
caused by distracted drivers.

19. 19
FSS 316.3025 -- MOBILE PHONE & TEXTING
BAN TO ALL CMVs
Penalties
Florida Statute Federal
Regulation
Violations 1st Offense 2nd Offense 3rd Offense
316.3025(6)(a) 49 CFR s.
392.82
Using Handheld Mobile Telephone While
Driving a CMV
$500 $1000 $2750
316.3025(6)(a) 49 CFR s.
392.80 Texting While Driving CMV
$500 $1000 $2750
316.3025(6)(b) 49 CFR s.
392.82
Company Allowing or Requiring Driver of CMV to Use
Handheld Mobile Telephone While Driving
$2750 $5000 $11000
316.3025(6)(b) 49 CFR s.
392.80
Company Allowing or Requiring Driver of CMV to
Text While Driving
$2750 $5000 $11000

21. Alabama truck driver who kills 10 of 12
people in a van was talking on his cell
phone.

22. Carrier Settlement Agreement
Pay $3,750,000.00
and agreed to ban its drivers from using the
devices while the trucks are on the road.
WHY?
NOT ENFORCING THE POLICY

23. Lawsuit settlement could lead to more
cellphone bans by trucking companies.

24. Safety Measurement Systems
BASIC Categories
Data Analysis
Intervention Measures

25. HOW TO IMPROVE SMS SCORES

26. NO MAGIC BULLET
BEHAVIOR CHANGE
DIFFERENT RESULT

27. 27
What is CSA?
CSA is a FMCSA initiative to improve large truck and bus safety and ultimately
reduce crashes, injuries, and fatalities that are related to commercial motor
vehicles. It introduces a new enforcement and compliance model that allows FMCSA
and its State Partners to contact a larger number of carriers earlier in order to
address safety problems before crashes occur.
https://ai.fmcsa.dot.gov/SMS/Default.aspx

28. 28
The Safety Measurement System (SMS)
FMCSA’s workload prioritization tool that identifies carriers for interventions (e.g., warning letters,
investigations)
Safety Interventions Process
Creates new and more efficient ways for FMCSA to interact with carriers and help bring them into
compliance (e.g., warning letters and Onsite Focused Investigations)
Proposed Safety Fitness Determination (SFD)
To assess safety performance of larger segment of industry, keeping more unsafe carriers off the road
(still needs to go through a rulemaking process)

29. 29
 Prioritizes and identifies carriers for interventions (e.g., warning letters,
investigations) using:
• State-reported crash records
• All roadside inspection safety-based violations
• Certain violations found during inspections
• Serious Violations found during investigations
 Updates results once per month based on the prior 24 months of data (weighted
based on severity and when events occurred)

30. 30
 Carriers are assigned a measure and percentile in each BASIC:
• Measure reflects your own company’s safety performance (SMS converts BASIC data
(e.g., inspections) into a quantifiable measure)
• Percentile rank reflects your on-road safety performance compared to other carriers
with similar fleet size and safety events
 BASICs prioritized may trigger an intervention
 Monitor your BASICs and take immediate action

31. 31
There are 7 different Behavior Analysis & Safety
Improvement Categories (BASICs) used to rate
carriers.
*Alerts will show with a yellow triangle and
exclamation point.

32. 32
INTERVENTION THRESHOLDS
PROPERTY
UNSAFE DRIVING = 65%
CRASH INDICATOR = 65%
HOURS OF SERVICE = 65%
VEHICLE MAINTENANCE = 80%
CONTROLLED SUBSTANCES/ALCOHOL = 80%
HAZARDOUS MATERIALS = 80%
DRIVER FITNESS = 80%

33. 33INTERVENTION THRESHOLDS
PASSENGER
UNSAFE DRIVING = 50%
CRASH INDICATOR = 50%
HOURS OF SERVICE = 50%
VEHICLE MAINTENANCE = 65%
CONTROLLED SUBSTANCES/ALCOHOL = 65%
HAZARDOUS MATERIALS = 80%
DRIVER FITNESS = 65%

34. 34
WHY ARE MOTOR CARRIER SELECTED FOR
COMPLIANCE INVESTIGATIONS?
• Crashes and HazMat incidents
• Two or more BASIC alerts for two or more months
consecutively
• Substantiated complaints
• Security contact reviews (HazMat carriers)

35. 35
PURPOSE OF
COMPLIANCE INVESTIGATIONS
• To assess existing safety management controls
• To provide educational and technical assistance
• To reduce the risk of motor vehicle crashes

36. DETERMINATIONS
Was the driver qualified
Was the CMV safe to operate
Who What Where When How

37. POST CRASH INVESTIGATIONS
FEDERAL
STATE
LOCAL JURISDICTION
INSURANCE
ATTORNEYS

38. 38SCOPE OF THE RULES
• Every employer and employee shall comply and be conversant with the requirements
and specifications
• No employer shall operate a commercial motor vehicle unless it is properly equipped
• Every commercial motor vehicle must be operated in accordance with the laws,
ordinances, and regulations of the jurisdiction in which it is being operated. However, if a
regulation of the Federal Motor Carrier Safety Administration imposes a higher standard
of care than that law, ordinance or regulation, the Federal Motor Carrier Safety
Administration regulation must be complied with.

39. PROFESSIONAL DRIVER SHORTAGES

40. FMCSA Response
Veterans CDL Fast Track/Grants
Insulation Dependent Diabetics
Improved Driver Training Standards
Rouge CDL Schools Operators Prosecution

41. Hiring and or Retaining Older Drivers

42. 42
 A PSP record contains a driver’s most recent 5 years of crash data and the most recent 3 years of roadside
inspection data from the FMCSA MCMIS database.
 Account holders may request PSP records solely for the purpose of conducting pre-employment screening and
only with the driver's authorization.
 FMCSA conducted a study to evaluate PSP's safety impact. The study results showed that companies regularly
using PSP have, on average, reduced their crash rates by 8% and their driver Out-of-Service rates by 17%.
https://www.psp.fmcsa.dot.gov/psp/default.aspx

43. 67 year old driver in deadly Baltimore
school bus crash didn't have authorization
to drive.
His commercial driver's license was
suspended two months earlier
His one-year Medical Examiner's
Certificate expired

44. CBS News analysis of crash data reveals a 19
percent increase in accidents involving
commercial truck and bus drivers in their 70s,
80s and even 90s, in just the last three years.

45. Terrorist Use of CMV’s as Weapons

46. Domestic Security
46
Motor carriers involved in transportation of hazardous materials must:
• Develop and implement a security plan
• Train employees to recognize and react to potential security threats
FHP’s Bureau of Commercial Vehicle Enforcement conducts on site security contact reviews and corporate
security reviews.

47. 47
LEGISLATIVE REMINDERS
FSS 322.61 adds violations that will result in disqualification from operating a CMV after violating an Out-of-
Service Order (1st Offense = 180 days; 2nd Offense = 2 years).
FSS 316.3025(3)(b)(1) adopts $100 penalty for each violation of the North American Uniform Driver Out-of-Service Criteria
FSS 316.3025(3)(b)(2) adopts $100 penalty for violations of the 12/16 and 70/80 hour rules (Intrastate hours of service).
FSS 316.3025(3)(b)(3) adopts $100 penalty for unauthorized passengers per 49 CFR 392.60
FSS 316.3025(3)(b)(5) adopts $100 penalty for not possession a valid medical certification
FSS 316.159(3) states that all drivers of CMVs are required to slow before crossing railroad tracks.

48. Unified registration system (URS) 48
• Beginning December 12, 2015, new applicants
are required to use the new URS online
application when requesting registration and a
USDOT number.
• On September 30, 2016, all new and existing
entities must process new applications and
updates to existing records using the new
online system
• On December 31, 2016, the requirement for
all private and exempt carriers to have
insurance and BOC-3 filings in place will take
effect.
• No cost for intrastate only USDOT numbers
https://portal.fmcsa.dot.gov/ursregist
rationwizard

49. QUESTIONS