Compliance Reviews

RECENT TRENDS

Having one or more BASICs in alert status is a pretty good indication that a motor carrier may be targeted for an inspection visit. However, driver complaints received by the Federal Motor Carrier Safety Administration (FMCSA) are also being used to prioritize carriers for a visit. In 2016 FMCSA added a final rule regarding driver coercion which prohibited motor carriers from pressuring drivers to violate regulations or to continue to drive after the driver has expressed concerns about their health or fatigue. The regulation set up a formal complaint process and those
complaints are reviewed by FMCSA.

It’s interesting to note that even though a driver’s complaint may result in a visit, very few cases of coercion have been substantiated. However, while the inspector is on-site, there is a tendency for them to “discover” other issues which then trigger a compliance review. After all, the inspector is already on- site. Keep in mind that anytime a compliance review is completed, it will result in a rating being issued, and that rating may not be “Satisfactory” if enough problems are uncovered.

It’s been almost two years since FMCSA made changes to the Driver
Vehicle Inspection Report (DVIR) requirements. Specifically, the form does not need to be completed if the driver does not discover any vehicle defects. This, of course, resulted in a dramatic drop in the number of DVIR’s being filled out. In years past, during a compliance review, the inspector would have to comb through literally hundreds of DVIR reports to verify compliance.

Now, the process is greatly simplified for the inspector. Every roadside inspection generates a report which lists any defects that are discovered. If there’s no DVIR for that day, that’s a violation. The inspector could also use internal reports filled out by drivers to report vehicle defects to the shop. Again, if a DVIR was not completed, that’s a violation. If the inspector finds that at least 10% of the DVIR’s are missing, then that’s considered a critical violation that will most likely result in a fine.

The data that FMCSA uses to prioritize motor carrier reviews is changing as well as the methods that inspectors use once they’re on-site. Sometimes seemingly beneficial regulatory simplifications, such as reducing the number of DVIRs, can have unforeseen compliance impacts. It’s important to remain aware of these changes and keep in mind that someone doing an on-site inspection does not see shades of gray, a motor carrier is either in compliance or out of compliance.

Roadcheck 2017

WILL TARGET LOAD SECUREMENT

This year’s annual CVSA Roadcheck will take place June 6 – 8. During the 72-hour period, inspectors throughout North America will be focusing on load securement, although they will be primarily performing Level I inspections which include the entire truck as well as the driver. The most common load securement violations are:

• Failure to prevent shifting/loss of load
• Failure to secure truck equipment (tarps, dunnage, doors, tailgates, spare tires, etc.)
• Damaged tie-downs (unacceptable wear on chain or cuts and tears on web straps)
• Insufficient tie-downs * Loose tie-downs

Most commonly people think of load securement as a flatbed issue. While that’s an important task for any flatbed driver, dry van and reefer trailers must also have cargo safely secured to prevent movement that could affect the vehicle’s stability or maneuverability. Also, something as simple as a load lock lying on the trailer floor could result in a violation.

For more information take a look at these Cargo Securement Tips from CVSA.

ELD Deadline Approaches

INTRASTATE REGULATIONS WILL ADAPT

Texas may be the first state to formally adopt the use of ELD’s for intrastate commerce. Their deadline is December 19, 2019. In the past, most states have chosen to adopt the Federal regulations with few changes and will likely follow that trend with ELDs. However, it remains to be seen, even in the case of Texas, exactly how each state will apply the regulation. For example, will 100 air mile radius drivers be exempt? That seems most likely, but motor carriers with intrastate operations should keep in touch with their state’s motor carrier association and keep
up to date on the requirements that pertain to their operation.

As far as interstate operations, the deadline is just a few months away – December 18th. If a motor carrier has not yet settled on a vendor, time is really growing short. There are at least 30 devices listed on FMCSA’s Registered ELD website, and many more, some from major vendors, that are not listed. However, it’s important to note that all devices are “self certified” by the manufacturer. The fact that they’re listed on FMCSA’s web site is not an endorsement, nor does it guarantee that the device meets all the ELD requirements.

This is certainly a case of buyer beware. You want to partner with a vendor with a track record and one that you’ll be able to depend on in the future. Early adopters of the technology have found that ELD systems generate other information that’s of value for business and safety purposes. It gives them a new “eye” on their operations and allows them to more closely manage what goes on where the rubber meets the road.

FMCSA Registered ELDs

You can count on us to provide expert guidance to keep your safety and compliance programs on track.

Ryan Billet
National Transportation Consultants, Inc.