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Florida Moving Ahead into the 21st Century

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Florida Moving Ahead into the 21 st Century
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Page 1: Florida Moving Ahead into the 21st Century

Florida Moving Ahead into the 21st Century

Page 2: Florida Moving Ahead into the 21st Century

MAP-21 MANDATES

Raising The Bar

Page 3: Florida Moving Ahead into the 21st Century

REGULATION UPDATES

Drug and Alcohol Clearinghouse

FMCSA Radom Testing Rate for 2017

Speed Limiters for Large CMV’s

30 minute Break Upheld

Page 4: Florida Moving Ahead into the 21st Century

DOT Drug Testing Panel Increasing

Page 5: Florida Moving Ahead into the 21st Century

MEDICAL CERTIFICATION PROGRAM

Page 6: Florida Moving Ahead into the 21st Century

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.

Page 7: Florida Moving Ahead into the 21st Century

ELECTRONIC LOGGING DEVICES ELD’S

December 18, 2017

FMCSA CertifiedSelf Certified

Data Transfer Methods

Page 8: Florida Moving Ahead into the 21st Century

Drivers Required to Use Seat-BeltsPassengers Required to Use Seat-Belts

Sleeper Berth Restraints

Small Burden with Significant Benefits

Page 9: Florida Moving Ahead into the 21st Century

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.

Page 10: Florida Moving Ahead into the 21st Century

Exploding E-Cigarettes

Page 11: Florida Moving Ahead into the 21st Century

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

Page 12: Florida Moving Ahead into the 21st Century

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:

Page 13: Florida Moving Ahead into the 21st Century

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:

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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.

Page 17: Florida Moving Ahead into the 21st Century

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

Page 18: Florida Moving Ahead into the 21st Century

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.

Page 19: Florida Moving Ahead into the 21st Century

19FSS 316.3025 -- MOBILE PHONE & TEXTING

BAN TO ALL CMVs      Penalties

Florida Statute Federal Regulation Violations 1st Offense 2nd

Offense3rd 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

Page 20: Florida Moving Ahead into the 21st Century
Page 21: Florida Moving Ahead into the 21st Century

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

Page 22: Florida Moving Ahead into the 21st Century

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

Page 23: Florida Moving Ahead into the 21st Century

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

Page 24: Florida Moving Ahead into the 21st Century

Safety Measurement Systems

BASIC Categories

Data Analysis

Intervention Measures

Page 25: Florida Moving Ahead into the 21st Century

HOW TO IMPROVE SMS SCORES

Page 26: Florida Moving Ahead into the 21st Century

NO MAGIC BULLET

BEHAVIOR CHANGE

DIFFERENT RESULT

Page 27: Florida Moving Ahead into the 21st Century

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

Page 28: Florida Moving Ahead into the 21st Century

28

The Safety Measurement System (SMS)FMCSA’s workload prioritization tool that identifies carriers for interventions (e.g., warning letters, investigations)

Safety Interventions ProcessCreates 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)

Page 29: Florida Moving Ahead into the 21st Century

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)

Page 30: Florida Moving Ahead into the 21st Century

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

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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.

Page 32: Florida Moving Ahead into the 21st Century

32INTERVENTION THRESHOLDSPROPERTY

UNSAFE DRIVING = 65%

CRASH INDICATOR = 65%

HOURS OF SERVICE = 65%

VEHICLE MAINTENANCE = 80%

CONTROLLED SUBSTANCES/ALCOHOL = 80%

HAZARDOUS MATERIALS = 80%

DRIVER FITNESS = 80%

Page 33: Florida Moving Ahead into the 21st Century

33INTERVENTION THRESHOLDSPASSENGER

UNSAFE DRIVING = 50%

CRASH INDICATOR = 50%

HOURS OF SERVICE = 50%

VEHICLE MAINTENANCE = 65%

CONTROLLED SUBSTANCES/ALCOHOL = 65%

HAZARDOUS MATERIALS = 80%

DRIVER FITNESS = 65%

Page 34: Florida Moving Ahead into the 21st Century

34WHY 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)

Page 35: Florida Moving Ahead into the 21st Century

35PURPOSE OF COMPLIANCE INVESTIGATIONS

• To assess existing safety management controls

• To provide educational and technical assistance

• To reduce the risk of motor vehicle crashes

Page 36: Florida Moving Ahead into the 21st Century

DETERMINATIONS

Was the driver qualified

Was the CMV safe to operate

Who What Where When How

Page 37: Florida Moving Ahead into the 21st Century

POST CRASH INVESTIGATIONS

FEDERALSTATE

LOCAL JURISDICTION INSURANCE ATTORNEYS

Page 38: Florida Moving Ahead into the 21st Century

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.

Page 39: Florida Moving Ahead into the 21st Century

PROFESSIONAL DRIVER SHORTAGES

Page 40: Florida Moving Ahead into the 21st Century

FMCSA Response

Veterans CDL Fast Track/Grants

Insulation Dependent Diabetics

Improved Driver Training Standards

Rouge CDL Schools Operators Prosecution

Page 41: Florida Moving Ahead into the 21st Century

Hiring and or Retaining Older Drivers

Page 42: Florida Moving Ahead into the 21st Century

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

Page 43: Florida Moving Ahead into the 21st Century

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

Page 44: Florida Moving Ahead into the 21st Century

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.

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Terrorist Use of CMV’s as Weapons

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Domestic Security 46Motor 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.

Page 47: Florida Moving Ahead into the 21st Century

47LEGISLATIVE 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.

Page 48: Florida Moving Ahead into the 21st Century

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/ursregistrationwizard

Page 49: Florida Moving Ahead into the 21st Century

QUESTIONS


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