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FMCSA TEST Who Must Comply with the Federal Safety Regulations? Test Yourself click Fleet Compliance Services
LEGAL INFORMATION We hope this site answers some of your Legal questions and proves to be a useful tool in your startup business. GOOD LUCK AND HAPPY TRAILS To start with here is a very helpfull service I have found. Their contact information is Trucking Start-Up Services, LLC National Toll Free: (866) 419-3812 Atlanta: (770) 205-0218 24 hour help line 1-800-haul to join Oasis Legal Finance funds both plaintiffs in litigation along with their lawyers. Find out your firm's borrowing power and if... ... Legal Help DUI Lawyers Accident Lawyers Probate Lawyers Bankruptcy Lawyers Patent Lawyers Online Store Flowers Gifts Automobiles Online Auctions Jewelry Gifts Gift Baskets OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION - REPRESENTING TRUCKERS ... Legal Action Regulatory Action Press Releases Land Line Magazine ... news daily via e-mail! Help Us Help You - Ongoing Surveys • Cost of ... premium deductibles for truckers (11-03) • Submit Information for ... www.ooida.com The Department of Transportation has laid it on the line. All new truckers will have a safety audit in the first year and a half they are in business.
What are the requirements of the New Entrant rule? All new entrant motor carriers must complete an application package consisting of a MCS-150, and a MCS-150A. This application may be completed online at http://safer.fmcsa.dot.gov, or by contacting our headquarters office at (800) 832-5660 and requesting an application mail. For-hire motor carriers must complete an OP-1, or OP-1(P), the BOC-3, and pay a $300.00 filing fee. Private, and exempt for-hire carriers will not be required to pay any fee. Once the application package is completed, the carrier will be granted new entrant registration (USDOT number). After being issued a new entrant registration, the carrier will be subject to an 18-month safety-monitoring period. During this safety-monitoring period, the carrier will receive a safety audit and have their roadside crash and inspection information closely evaluated. The carrier will be required to demonstrate it has the necessary systems in place to ensure basic safety management controls. Failure to demonstrate basic safety management controls may result in the carrier having their new entrant registration revoked. Beginning January 1, 2003, all new motor carriers (private and for-hire) operating in interstate commerce must apply for registration (USDOT Number) as a "new entrant". The carrier will be notified in writing that the "new entrant" designation will be removed from their registration at the end of the 18-month safety-monitoring period, if the carrier meets the following requirements: The new entrant has passed a safety audit, or has not been deemed "unfit" following a compliance review; and The new entrant does not have any outstanding civil penalties. Definitions
What Is A Process Agent? "A process agent is a representative upon whom court papers may be served in any proceeding brought against a motor carrier, broker, or freight forwarder. Every motor carrier (of property or passengers) shall make a designation for each State in which it is authorized to operate and for each State traversed during such operations. Brokers are required to list process agents in each state in which they have an office and in which they write contracts." FMCSA. THIS IS DONE WITH A BOC-3 FILING.
The USDOT number is the number that the FMCSA assigns to each motor carrier that starts interstate operations. Your USDOT number must be marked on all of your vehicles.
To apply for a USDOT number, please submit a Form MCS-150.
Operating Authority (MC/FF/MX Number): definition The operating authority (MC/FF/MX number) is assigned to interstate for-hire motor carriers and brokers that apply for operating authority. These numbers are also referred to as docket numbers.
The FF number is assigned to freight forwarders; the MX number is assigned to carriers domiciled in Mexico; and the MC number is for all other carriers and brokers Minimum Insurance Limits For Vehicles with a Gross Vehicle Weight Rating (GVWR) of 10,000 pounds or more: $750,000 (BI &PD) for General Commodities (non-hazardous) $1 Million (BI &PD) hazardous except class A & B explosives $5 Million (BI & PD) Class A & B explosives, Hazardous materials transported in specified capacities in tanks or hoppers and/or any quantity of hazardous materials as specified in 49 CFR 173.403 of the Federal Motor Carrier Regulations. For vehicles with a Gross Weight Rating (GVWR) of less than 10,000 pounds: $300,000 (BI & PD) for general commodities except any materials listed below. $5 Million (BI & PD) Any quantity of Class A or B explosives, for any quantity of Poison Gas (Poison A) or highway route controlled quantity of radioactive materials. Common Carriers: Must carry minimum liability as listed above plus $10,000 cargo insurance. Broker Authority: Brokers must maintain a surety bond or trust fund in the amount of $10,000.
Primary Liability This is usually the most expensive portion of any trucking company’s insurance package. Protecting you from damage or injuries to other people as a result of truck accidents. This coverage is mandated by the State and Federal agencies, which require proof of insurance documents to be sent to them. Interstate truckers will need the MCS90, the BMC91x and the appropriate state form endorsements, which extend coverage to the regulatory agencies. Policy limits for trucks over 10,000 gross vehicle weight will generally have a required limit of $750,000. This limit is set by the FHWA on interstate travel and is usually matched by the various states.
Physical Damage This type of policy provides actual cash value protection to an insured’s equipment in the event of an accident. This coverage applies to cases of fire, theft and vandalism of the insured equipment.
Cargo Insurance The transporter of freight and commodities assumes responsibility for the cargo he is hauling. The amount of the responsibility should be clearly established and understood by both the shipper and the transporter before the shipment is moved. This is usually done by contract, bill of lading, disclosure, or by published tariffs. Motor Truck Cargo insurance protects the transporter for his responsibility in the event of damaged or lost freight. The policy purchased with a maximum load limit per vehicle. This insurance policy, without question, requires careful thought and evaluation prior to purchasing. In addition, you need to be constantly evaluating your loads to make sure the coverage meets your needs.
General Liability As the name implies, this coverage pertains to very broad coverage other than automobile. This coverage provides protection for injuries or property damage sustained while on your premises, using your products or services, or because of a breach of contract. Policy limits start at 100,000, with usual policy limits of $1,000,000 per occurrence and a policy aggregate of $2,000,000. Higher limits are available as needed
Non-Trucking Liability Insurance Non-Trucking Liability provides limited liability insurance for owner-operators who are permanently leased to an ICC regulated carrier. It provides limited liability protection when the owner-operator is not on dispatch or pulling a loaded trailer. When the owner-operator is under dispatch they are covered under the Primary Liability insurance policy of the company which they are leased to.
Occupation Accident Insurance This insurance coverage provides the owner-operator with medical benefits and disability coverage due to a work-related accident, injury, or death. It is not purchased in lieu of Workman’s Compensation, but when Workman’s Compensation is not available in the specific state or not required by law. The difference between interstate carriers and intrastate carriers Interstate carriers operate vehicles that are authorized to operate in multiple state jurisdictions, which includes U.S. and Mexican states and Canadian provinces. Intrastate carriers operate entirely within a singlestate jurisdiction.  
Official Web Site ENTER HERE International fuel tax agreement (IFTA) IFTA is an agreement among all states (except Alaska and Hawaii) and Canadian provinces (except Northwestern Territories, Nunavut, and Yukon) to simplify the reporting of fuel used by motor carriers operating in more than one jurisdiction. Persons who operate qualified motor vehicles are subject to IFTA licensing. Qualified motor vehicle - a motor vehicle used, designed, or maintained for transportation of persons or property and: - Having two axles and a gross vehicle weight or registered gross vehicle weight exceeding 26,000 pounds or 11,797 kilograms; or
- Having three or more axles regardless of weight; or
- Is used in combination, when the weight of such combination exceeds 26,000 pounds or 11,797 kilograms gross vehicle or registered gross vehicle weight. Qualified motor vehicle does not include recreational vehicles.
Recreational vehicle - vehicles such as motor homes, pickup trucks with attached campers, and buses when used exclusively for personal pleasure by an individual. In order to qualify as a recreational vehicle, the vehicle shall not be used in connection with any business endeavor. Upon application, the carrier’s base (home) jurisdiction will issue credentials that allow the IFTA licensee to travel in all IFTA member jurisdictions. Wisconsin is your base jurisdiction for IFTA licensing and reporting if you: - Have qualified motor vehicles based in Wisconsin for vehicle registration purposes
- Maintain operational control and operational records for qualified motor vehicles in Wisconsin or can make records available to Wisconsin
- Have one or more qualified motor vehicles that actually travel on Wisconsin highways; and
- Operate in at least one other IFTA jurisdiction
The IFTA license offers several benefits to the interstate/inter-jurisdictional motor carrier. These benefits include one license, one set of decals, one quarterly fuel tax report that reflects the net tax or refund due. These advantages result in cost and time savings for the carrier and the member jurisdictions. Every licensee is obligated to submit a return. Tax returns are required even if no operations were conducted or no taxable fuel was used during the reporting period. Returns that are not filed or not paid in full are considered late and will be assessed penalty and interest. When filing a tax return, a licensee may apply the fuel overpayment generated in one jurisdiction to the taxes owed for another jurisdiction. You must maintain your records for 16 quarters to prove the tax return information is accurate. Wisconsin has a fuel tax licensing reciprocity agreement with Iowa and Minnesota. This agreement replaces fuel tax licensing and reporting requirements for the following vehicles: - All qualified motor vehicles owned or leased and operated by a resident of either state that operate no further than 30 miles from the Wisconsin/Iowa (for Iowa registrants) or Wisconsin/Minnesota state border (for Minnesota registrants).
- All qualified motor vehicles owned or leased and operated by the state or any political subdivision of the state, while operated in official capacity and displaying tax exempt, municipal or state owned registration plates.
- All school buses owned and operated by a resident of either state while used in the transportation of pupils to and from school related and/or sponsored events.
In lieu of IFTA licensing a 72-hour trip permit can be obtained. These can be purchased from a permitting service.
| D.O.T AUDIT GUIDELINES
1. Accident register, accident reports, copies of citations, etc.
2. List of all CURRENT DRIVERS including regular, part-time, etc. include first name, middle initial, last name with hire dates. Separate Interstate from Intrastate drivers & any terminated drivers within the past 365 days.
3. CURRENT EQUIPMENT LIST: year, make, company number, and license number. separate list for trucks, tractors, trailers & indicate whether owned or leased. Also include vehicles’ (gross vehicle weight) rating along with the license weight.
4. TOTAL MILES TRAVELED in past 365 day or fiscal year.
5. GROSS REVENUE for past 365 days or fiscal year.
6. MCS-90 INSURANCE ENDORSEMENT.
7. CONTROLLED SUBSTANCES/ALCOHOL TESTING PROGRAMS. All test results for drug/alcohol testing, annual & quarterly summaries, DOCUMENTATION of reasonable suspicion training for SUPERVISORS & COPY OF EDUCATIONAL MATERIALS FOR DRIVERS.
8. NAME & ADDRESS OF CONSORTIUM. If none, documents relating to the random selection process.
9. DRIVER QUALIFICATION FILES.
10. DUTY STATUS RECORDS & ALL SUPPORTING DOCUMENTS.
11. MAINTENANCE RECORDS & DRIVERS VEHICLE INSPECTION REPORTS.
12. Hazardous materials registration, cargo tank certificates, documentation for hazardous materials training.
WHAT IS NEEDED:
1. ALL INFO on accidents also must have copy of ALL TICKETS DRIVERS’ received even if not in accident (speeding, log book, parking, etc) any & all tickets. 2. Same list you supply to drug testing for your quarterly pulls. ADD date hired & or quit work. 3. Same as you supply to get License Plates every year. 4. Use IFTA reports & spread sheets. 5. This should match what you file to the IRS on taxes. 6. Your Ins. Policy usually has this included & showing effective dates. 7. Give info on Consortium. & all paperwork they send you for your DRUG TESTING FILE. 8. Testing company you use, if any different use that. 9. Complete file on the driver(s). 10. Logs for the last 6 months, trip reports, fuel tickets, shipping orders or bill of ladings, trip envelopes, fuel tax records. 11. Get these from past year of (inspections, records kept from oil changes & lubes on equip. & all DOT inspections on the road) along with the back of the logs drivers’ fill out last 6 mos. 12. NONE if you don’t do HAZMAT.
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| | Hours of Service NEW HOS RULES Simply stated the new rule means: - Drivers may drive up to 11 hours in the 14-hour on-duty window after they come on duty following 10 or more consecutive hours off duty.
- The 14-hour on-duty window may not be extended with off-duty time for meal and fuel stops, etc.
- The prohibition on driving after being on duty 60 hours in 7 consecutive days, or 70 hours in 8 consecutive days, remains the same, but drivers can "restart" the 7/8 day period anytime a driver has 34 consecutive hours off duty.
- 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
| HOURS-OF-SERVICE RULES |
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2003 Rule Property-Carrying CMV Drivers Compliance Through 09/03/05 | 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. | NO CHANGE | 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.
| NO CHANGE | | 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. |
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