Author: marcela

The Federal Motor Carrier Safety Administration (FMCSA) published a final rule that will eliminate the need to have drivers provide the Record of Violations (391.27) The FMCSA amends its regulations to eliminate the requirement that drivers operating commercial motor vehicles (CMVs) in interstate commerce prepare and submit a list of their convictions for traffic violations to their employers annually. This requirement is largely duplicative of a separate rule that requires each motor carrier to make an annual inquiry to obtain the motor vehicle record (MVR) for each driver it employs from every State in which the driver holds or has held a CMV operator’s license or permit in the past year.

To ensure motor carriers are aware of traffic convictions for a driver who is licensed by a foreign authority rather than by a State, the Agency amends the rule to provide that motor carriers must make an annual inquiry to each driver’s licensing authority where a driver holds or has held a CMV operator’s license or permit.  The change is effective May 9, 2022. 

Impacts to Motor Carriers:

• No need to query a driver for their previous 12-month driving record
  • Keeps drivers on the road, driving and delivering product without impacting their day-to-day activities.
• No comparison with the Motor Vehicle Report (MVR) to the driver’s Certificate of Violations (CoV)
  • Lessens workload for Motor Carrier with one less document required for review.
• Non-compliant drivers will continue to be required to alert their Motor Carrier when there is a violation of 383.31 and other disqualifying events

Impacts to Fleetworthy Clients:

• Automation available with eFleet forms for all Fleetworthy Solutions’ Driver Qualification (DQ) clients
  • Eliminate paperwork and become 100% electronic!
• Faster turnaround
  • Document comes back to Fleetworthy without scanning, uploading and processing into the driver file, without Fleetworthy or client involvement.
• Fewer documents required in a driver file
  • With the newly announced update, there is no longer a need to house a CoV after May 9th.  Fleetworthy Solutions’ clients can leverage our compliance platform to house the MVR and complete their Annual Review without.
• Fleetworthy advocated for the removal of this regulation, as the impact on a compliant file was deemed negligible and provided no risk to public safety

Reach out to Fleetworthy Solutions with any questions.

Companies use Fleetworthy Solutions DOT Mock Audit service as a pre-emptive strike to avoid a disastrous real Department of Transportation (DOT) audit. This is a great way to know that your company is up-to-date with its processes and required documentation before it’s too late. Thus, giving time to correct, train and be effective.

Fleetworthy Solutions (FWS) brings you extensive knowledge that isn’t available through any other company. Our background allows us to be the best in the industry with Compliance Audit preparation. We will assist you through every step of an audit, from the notification through the completion of the audit. It is our goal to make sure you and your drivers are as prepared as possible.

Receiving Notice of a DOT Compliance Intervention

There are two ways companies can be notified of Compliance Interventions. Notifications can come in the form of a letter from the Federal Motor Carrier Safety Administration advising you of necessary corrective action, or you could just be notified of a DOT Compliance Investigation. Regardless of the level of intervention, time is critical.

Maybe you’re getting ready for an insurance renewal and have a scheduled audit to review your program and overall compliance standing. Getting this wrong is sure to cost you the renewal or even excessive fees for the following year.

If you have an audit approaching, you must begin acting immediately. What do we mean by action? The organization would be the first key to success. Never present your DOT program to an enforcement official or insurance representative as a disorganized file dump. A properly managed and organized DOT Program is key to any companies’ success.

Never backdate a document. If you don’t have it, create it, but use the current date to show your work to either improve your program or prepare internally. If you get caught backdating any documents, the compliance investigation will fail, and the penalties will be severe.

By bringing in Fleetworthy Solutions to complete a thorough internal compliance audit to help identify what immediate corrective actions are necessary, you will be guaranteeing your company’s success. We also recommend utilizing our services to help get your program ready for the DOT or insurance audit. As your DOT Compliance Manager, we will help your company thrive and ensure that you follow all compliance regulations.

Receiving an FMCSA Intervention Letter

Your safety scores are tracked in the Federal Motor Carrier Safety Administration (FMCSA) Compliance Safety and Accountability (CSA), Safety Measurement System (SMS). The score is categorized by the Behavioral Analysis and Safety Improvement Categories (BASIC) within the CSA website. An Intervention Letter is sent to any carrier whose individual BASIC scores are over the “Intervention Threshold.”

Below is a list of the Seven BASICs and Threshold Percentile.

1. Unsafe Driving – 65%
2. Crash Indicator – 65%
3. Hours of Service – 65%
4. Vehicle Maintenance – 80%
5. Controlled Substances and Alcohol – 80%
6. Hazardous Material – 80%
7. Driver Fitness – 80%

​Once you have received a letter, you must immediately start a corrective action process. Identify what issues are causing the increasing scores and address each of the problems head-on. Do not just keep doing the same thing and expect a different result. Now is the time to get creative, think outside the box for program improvements.

An excellent practice to implement when monitoring your BASICs is to keep track and identify any trend of violations. A trend is a violation of the same type or same category that has occurred more than three times in two years. If you see you have been written for brake violations two times already, you must implement a plan to prevent a third similar type of violation. Keeping track of these trends will better prevent you from FMCSA Intervention down the line. Monitoring your BASICs through SMS is a must.

It is paramount that every program update is documented in writing. Failure to document means the program improvement never happened, showing that no action was taken after receiving the FMCSA Intervention Letter.

Remember, acting is a must; if you ignore the problem, it is just going to grow and open you and the company to greater liability and possible litigation in the event of an incident. Instead of dealing with it all on your own, hire Fleetworthy Solutions to help you.

Fleetworthy is here to help you define the problem, implement a solution, document the changes, and keep you Beyond Compliance.

Types of Audits

New Entrant Safety Audit

The New Entrant Safety Audit is an educational-based audit developed to help ensure new carriers are aware of the DOT Rules and Regulations while reviewing the programs in place that have been appropriately implemented.

While a safety audit will not result in an enforcement action or penalty, it can fail. In a failure, the carrier will be given 45 days (HM Carrier) or 60 days (General Carrier) to submit a Corrective Action Plan to the FMCSA. If the action plan is not submitted and not approved, the carrier will be forced Out-of-Service (OOS).

Focused Offsite Investigation

The Focused Offsite Investigation audit will focus specifically on whichever of the seven BASICs you have been identified to be struggling in. The audit will take a brief snapshot of your other compliance programs but primarily focus on the outlying problems and trends identified in your fleet.

A focused BASIC audit can result in a Conditional or Unsatisfactory safety rating if Acute or Critical Violations are found. However, if no Acute or Critical violations are found, the review will be rated as “non-ratable,” which means it was a pass.

A focused compliance investigation can result in an enforcement action or penalty. If a carrier is found Unsatisfactory, they are in jeopardy of being placed Out-Of-Service. To prevent an OOS Order, that carrier must submit a Request for Upgrade and Safety Management Plan (SMP) within 45/60 days.

Comprehensive Investigation

The Comprehensive Investigation is a full compliance investigation of the complete DOT Safety Management Program. This investigation is generally completed onsite, but due to the COVID-19 restriction, it is now being completed as an offsite review.

A Comprehensive Investigation will result in a Safety Rating for the motor carrier, either Satisfactory, Conditional, or Unsatisfactory. As the motor carrier, the goal is to achieve the Satisfactory rating, and either of the other two ratings will prove problematic for the carrier. Additionally, a rating of either Conditional or Unsatisfactory will most generally result in an enforcement action or penalty.

If an Unsatisfactory rating is proposed, the carrier must start the corrective actions immediately to correct any Acute or Critical violations. A request for upgrade and SMP must be submitted within 45/60 days to avoid a carrier OOS order.

Enforcement Actions and Penalty

Most violations discovered in an audit, or if the carrier is deemed Conditional or Unsatisfactory, will result in a fine. Simply put, this means the investigation will result in a fine if violations are found.

Enforcement fines can range between $1,000 – $16,000 per violation. In certain circumstances, the penalty could result in a fine multiplied by each day the violation occurred. For instance, a company was in violation for failing to have Periodic Inspections. The fine for this single violation was $3,000 for a single event. However, the carrier had five trucks reviewed in the audit, and each truck operated 20 times in 30 days, 5 Trucks x 20 days = 100 days of the violation, 100 days x $3,000 = $300,000 fine.

These fines can add up quickly, which was just for one common violation across five trucks. Being prepared for an audit and ensuring you comply is critical.

Preparation 

Getting help is most generally the correct answer, but be aware that most safety representatives don’t know the first thing about how to navigate a compliance investigation, and the auditors know it. Hiring the right team to get you prepared is critical.

We have been through many Department of Transportation (DOT) audits over the years for our clients and have successfully guided our new clients through the required new entrant audits.

Our consultants keep on top of the ever-changing regulations and how they affect companies.  We take the headache out of understanding the regulations and what they mean to your company. Our clients have never received a fine for any service that we handle for them. Many of our mock audits have revealed deficiencies that our client was not even aware existed. 

Unsure if your company needs DOT Safety and Compliance assistance? Take a moment with this self-assessment of your Safety and Compliance Programs and see how you are doing.

Our self-assessment quiz is only an essential evaluation of a few of the required programs all motor carriers must have in place. This assessment does not cover all of the requirements necessary by the Federal Motor Carrier Safety Administration but instead gives you an idea of your company’s standings.  

Assessment

1. When are you pulling a Motor Vehicle Record (MVR) for your regulated drivers?
   • Annually
   • Before hire and once annually
   • Before hire, once annually, and after a CDL Driver renews their Medical Certification
   • Our insurance company is pulling MVR’s
   • None, we are not pulling MVR’s
2. Is your company enrolled in an FMCSA Drug and Alcohol Testing Program for your CDL Drivers Pre-Employment Testing, Random Testing, Post Accident Testing, and Reasonable Suspicion Testing?
   • Yes
   • No
   • Unknown
3. Since January 6, 2020, have you registered your company for the FMCSA Clearinghouse and completed the pre-employment and annual limited required Clearinghouse Queries?
   • Yes
   • No
   • Unknown
4. Do you have a system in place to track significant dates and expirations for all drivers and vehicle maintenance issues?
   • Yes
   • No
   • Unknown
5. Does your current FMCSA Accident Register maintain all CMV recordable accidents for the last three years?
   • Yes
   • No
   • We do not have an Accident Register
   • We have had no recordable accidents in the previous three years
6. When was the last update to your FMCSA Drug and Alcohol Testing Policy?
   • We have not had an update in years
   • Updated 2018/2019
   • Updated 2020
   • We do not have an FMCSA Drug and Alcohol testing policy
7. When drivers complete their pre/post-trip inspections and find vehicle defects relating to safe operation, how are they reporting or documenting the item(s)?
   • Completing a Driver Vehicle Inspection Report (DVIR) and submitting daily
   • Contact a supervisor or mechanic and request a repair
   • They fix the defect themselves
   • The repair is completed when the truck and trailer are due for service
   • Drivers are not completing pre/post-trip inspections
8. Select the following information contained in your driver application for employment:
   • Date of Birth and Social Security Number
   • Driver’s License Information and questions regarding past suspensions or revocations
   • 3- or 10-years Residential History
   • 3- or 10-years Motor Vehicle Accident History
   • 3- or 10-years Traffic Conviction History
   • Explanation of driving experience for the different types of commercial motor vehicles
   • Driver Certification Signature Line Statement “This certifies that I completed this application.”
   • All the above

Thanks for taking the time to complete our Compliance Self-Assessment! The correct answers to the above questions are below.

1. Before hire, once annually, and after a CDL Driver renews their Medical Certification
2. Yes
3. Yes
4. Yes
5. Yes, OR We have no recordable accidents in the previous three years
6. Updated 2020
7. Completing a Driver Vehicle Inspection Report (DVIR) and submitting daily
8. All of the above

How did you do? Need help with any of these DOT Compliance necessities? 

Use a Mock DOT Audit to make your company more productive toward the Department of Transportation compliance and strive for safety excellence toward the motoring public. We identify trends within your fleet that you have the power to correct. The information from a mock audit will allow you to implement the needed changes so you can be compliant with the regulations.

What to Expect:

During a Department of Transportation (DOT) Mock Audit, we proceed just like any DOT auditor – 48-hour notice to produce records, ask open-ended questions, have an opening and closing meeting, review policies, procedures, and if it were real- your potential for fines and an unsatisfactory or conditional rating.

Our consultants conduct the audit on your site and see your operation in action, or if your information is online, we can audit those, saving you travel costs.

Find out now if your company will pass a DOT audit successfully. Don’t wait for the DOT to tell you. Your company’s safety rating of satisfactory is essential to maintain. Your rating is public knowledge, and your customers may not be willing to put their product on your truck if you don’t have a satisfactory rating. Fines and penalties are avoidable by being proactive. 

Contact us immediately if you need help. Please don’t wait for the intervention because, at that time, it might be too late. Picking up the pieces afterward is much more complicated and simply setting up a good program and following a plan. It is our job to help you “Stay Beyond Compliance”.

Madison, WI April 28, 2021 – For many years, managing driver documents was notoriously clunky, tedious, and inefficient – all done in physical time and space. Fleets would often have to secure space in closets, warehouses, or secure storage units to house the files in what barely passed as boxes to ensure they had the required files in the event of an audit. Additionally, if the single person with the knowledge of all the drivers’ files whereabouts was not available, any request made to see them would have to be either stalled or an extension requested on the deadline. With the digital transformation on the horizon in recent years and the COVID19 pandemic being the proverbial straw breaking the camel’s back, there is a new, better solution available for fleets to manage, request, and monitor required driver files.

“For a long time we have wanted to come out with a mobile app for our fleet customers. The timing with the pandemic and post pandemic world is perfect for our customers to investigate a mobile solution for allowing their drivers to provide and update their required files for compliance. It can be done remotely, contactless, and on their time. It is a great feeling to know we now can say, ‘We have an app for that!’”

 – Michael Precia, CEO and President, Fleetworthy Solutions

Fleetworthy Solutions product development approach centers around what can drive value for fleets working today in the transportation industry and against the backdrop of numerous hurdles like the COVID19 pandemic. It was already in development and ramping up its completion was a strategic decision which led to the release of this new product for the Intelligent Compliance Platform.

At the current state of this new product, fleets can request files from drivers who can upload images of their documents, licenses, etc. Those files get uploaded into fleet databases of compliance and safety information. Expiring documents and renewal notifications can be pushed out to the subscribed fleet employees and drivers. Safety and fleet managers can have a more clear and up-to-date view of their driver qualification management status without waiting. Should a fleet need specific access and privileges to documentation being uploaded, those configurations can be addressed through highly customizable permission sets. The next iteration of capabilities is just around the corner…

The eFleet Mobile app is available for customers of Fleetworthy’s DQ Managed services as an add on solution.

Current customers should inquire with their Account Management team for more details. New customers can let the Account Executives know they are interested in the service.

About Fleetworthy Solutions

Fleetworthy Solutions, Inc. provides outsourced compliance services to owners and operators of truck fleets that take them Beyond Compliant. Fleetworthy combines exceptional client service, advanced technologies, and more than 30 years of transportation industry expertise to make sure that drivers and assets are fleet worthy. The company helps private fleets, for-hire carriers and third-party logistics companies of all sizes surpass compliance of federal, state, and local regulations and streamline processes to reduce costs and mitigate risks.

This is a proposed tax that would charge every U.S. driver for miles driven rather than the amount of fuel that goes into the vehicle. This tax has been proposed in various states in the U.S. as an infrastructure funding mechanism to replace, or supplement the fuel tax, which has been generating billions less in revenue each year due to increasingly fuel-efficient vehicles. This tax could be either a flat fee (like a fixed number of cents per mile), or a variable fee based on considerations such as time of travel, congestion levels on a facility, type of road, type and weight of vehicle, vehicle emission levels, and ability to pay of the owner.  This tax could also be a combination of flat and variable fees. 

Since 2000, fuel tax revenues have declined significantly as a result of less driving and increasing fuel efficiency. As fuel tax revenues dwindle, policymakers have had to divert billions from the general fund and other non-transportation funds to pay for infrastructure. This is increasing pressure on transportation policy makers to search for new, viable road financing mechanisms. Ultimately though, Congress is responsible for the deficit spending and the lack of sustainable funding for the Highway Trust Fund, not truck drivers. 

The American Transportation Research Institute (ATRI) determined that replacing the federal fuel tax with a VMT tax that is assessed on 272 million private vehicles could result in collection costs of more than $20 billion annually – 300 times higher than the federal fuel tax.  The main reason for this large increase in costs is the shift in collection points – from a couple of hundred fuel terminal operators to every registered motor vehicle in the U.S. Beyond providing a more stable revenue stream, VMT fees could support many other goals. Rates could be structured to help reduce congestion and harmful emissions, metering devices could provide value-added services (e.g., safety alerts, real-time traffic information and routing assistance, and the ability to save money with pay-as-you-drive insurance), and the system could generate rich travel data for improved transportation planning.

How Would VMT Fees be Implemented?

The application of VMT fees is envisioned as using an onboard vehicle device to capture the distance driven through GPS or other technology and relate that to a method of charging.  This could involve payments at the gas pump, billing, or automatic deductions for a prepaid customer account.  GPS units on board a vehicle can record distance, assign it to the appropriate taxing jurisdiction, and calculate the amount owed.

How Much Would You Pay Under a VMT Tax?

Last year, the House passed a bill that would have created a federal pilot program to test a vehicle miles-traveled (VMT) tax. Under the legislation, the Treasury Department would impose a fee equal to the total amount collected in gas taxes, divided by the miles driven by passenger vehicles. The figure works out to about nine-tenths of a cent per mile, using data from 2019, the most recent available.

If you drive 12,000 miles in a year, and your car gets 22 miles per gallon … you would pay $5.24 more under a VMT tax –

VMT Tax – 12,000 Miles X $.0088 = $105.60

         Gas Tax – 545 Gallons x $.18 = $100.36

                                         Difference = $5.24

Taxing mileage has one big advantage over taxing gas in that it captures electric vehicles. It has one big disadvantage in that it reduces the incentive to buy electric or fuel-efficient vehicles.

What are the Challenges Facing the VMT Tax Program?

The VMT tax is a far more complicated and costly replacement for the fuel tax than many had anticipated.  A report found that hardware costs alone associated with the VMT tax would have an initial price tag of $13.6 billion and require ongoing replacement, telecommunications costs would be about $13 billion annually and account administration would be an additional $4.3 billion each year.  Many years of planning and federal leadership would be needed to make a system like this work for everyone. 

Another major challenge would be compliance. The federal system would likely have to rely on state or local enforcement agencies to prevent significant evasion. Some sort of compliance monitoring system would be needed to prevent evasion. The VMT also raises tough privacy questions about the government tracking the travel of motorists.

Further, ATRI said, without the ability to ensure mandatory participation in the VMT and methods in place to collect delinquent payments, incidents of VMT tax evasion are likely to be high. 

Current VMT Programs in the U.S?

The state of Oregon currently has a program that began in 2015 which has been relatively successful called OReGO. About 1,800 drivers have gone through it and 700 are enrolled today.  The program allows drivers to opt for paying the state fuel tax or VMT taxes.  The drivers are assured that their privacy will be protected by anonymizing driver data.  Drivers there who choose the VMT tax get a credit for the amount of gas tax they pay and their cars keep track of miles driven and gas consumed via a special diagnostic device that’s easy to install.

Developing an equitable and effective VMT tax will be no small feat. The future of funding for America’s highways will be the topic of much political discussion for some time to come.

Keeping up with US Department of Transportation (DOT) and safety compliance requirements can be a challenge for even the most organized of fleet managers. The vast assortment of documents needed to manage driver qualification, Hours of Service (HOS), vehicle inspections, Compliance, Safety, Accountability (CSA) records, roadside and accident reports, and more, can lead to gaps in record keeping and exposure to risk. The cost of failing an audit is prohibitive; however, it is minor compared to the cost of accident litigation due to non-compliant documentation. The solution to proactively managing DOT and safety compliance risk is to talk to Fleetworthy Solutions in advance. At Fleetworthy, we give you the power of intelligent compliance, offering visibility and control over your fleet to streamline processes, reduce risk, and improve profitability.

Your Single Source for Risk Management in Safety and Compliance

Our intelligent compliance platform and dedicated transportation experts support your operations with customized consulting, training, and compliance services that keep your business running strong and fully within the law. Through our unique compliance dashboard, you gain a single version of truth, integrating all your paperwork, systems, and record-keeping into a central repository. This easy-to-use tool not only maintains your historical data for audit purposes, it also supports your strategic business decisions with forward-looking analysis. No other DOT and Safety compliance service offers all of this in a single solution.

“The visibility, expertise, and guidance we receive from Fleetworthy Solutions is priceless. We have visibility into our regulatory compliance like never before, which helps us make the right decisions and gives us confidence in our compliance.”

DOT and Safety Compliance Risk Management Simplified

The cost in fines and downtime associated with DOT violations can be avoided using a comprehensive, vigilant, and proactive approach to DOT and safety risk management. The problem is few fleets have the centralized record-keeping and dedicated compliance experts to maintain the program at a reasonable cost, long term. With Fleetworthy Solutions you gain the ability to streamline your risk management processes, and also achieve the single source of truth you need to identify trends and issues to better plan your operations moving forward. Our services include:

• Driver Qualification File Management
• Hours of Service / Driver Log Compliance
• CSA Scorecard Management
• Vehicle Periodic Inspection Tracking
• Electronic or Paper-based Driver Vehicle Inspection Report (EVIR / DVIR) Record Management
• FMCSA / DOT Vehicle Maintenance Documentation Management
• Online Driver Training, Testing, and Tracking
• Drug and Alcohol Program Management
• Drug and Alcohol Clearinghouse Program Management

Drug and Alcohol Program Management

Fleetworthy’s DOT Drug and Alcohol managed service program helps you comply with federal regulations that require all your employees – especially your commercial motor vehicle drivers – are testing clean and drug free, which is vital to your success and reputation, especially when it comes to making certain your motor carrier operation is going beyond compliant.

We provide drug and alcohol testing, random selection, consortium pools, recordkeeping, reporting, scheduling, follow-up, invoicing, testing, and much more to securely and confidently manage your DOT D&A Testing Program.

When partnering with Fleetworthy, you can expect the following features and benefits:

• Expert knowledge of U.S. DOT regulations and State limitations/restrictions/conditions
• Coordination and communication with over 8,000 clinics on your behalf
• Performance of paper and electronic DOT Chain of Custody
• Strategic alignment with industry leading providers like Alere, Cisive, and HireRight
• Management of pre-employment, reasonable suspicion, post-accident, RTD, and non-DOT testing
• Secured, electronic storage with restricted access, accessible 24×7 in Comply portal
• Drug and Alcohol Clearinghouse management, by Fleetworthy Solutions, decreasing the stress and anxiety on existing staff

Fleetworthy’s end-to-end drug and alcohol managed service gives you the security of working with an agile, cost-effective, DOT/FMCSA compliance expert enabling you to more effectively focus on your core business and strategic initiatives.

Run a Safer, Tighter Ship

There’s no reason to sweat the possibility of a DOT audit due to insufficient records or lack of knowledge regarding requirements or best practices. Fleetworthy is your all-in-one resource, providing:

• Better fleet control through dashboard reporting on DOT & Safety compliance and elevated risk issues.
• Objective, consistent, and uniform management and monitoring over all company locations to encourage and report compliance.
• Cost-effective, technology-based services versus costly, in-house, manual processes.
• Layered expertise to ensure program continuity over DOT risk management.
• A reliable source for local, state, and federal DOT regulations. Flexible program design from fully-managed services to SaaS capabilities.
• FMCSA / DOT accident record keeping online database.

These bundled services allow you to pick and choose your level of support, simply billed per driver, per month. All of your DOT-required records are maintained in one place, with password protection to ensure security. And, if an audit ever comes up, Fleetworthy is always available to represent you on request.

Lower Risk the Cost-Effective Way

Keep your fleet free from the uncertainties surrounding DOT compliance and risk management, as you also gain 360° visibility into your operations for greater business results. Let Fleetworthy provide the end-to-end, technology-driven services you need to lower cost, reduce liability, and minimize risk.

No discussion of the future of the trucking industry is complete without considering the advancements of automated driving technology, and how it might affect the movement of freight in the years and decades to come.  Recently, the news has been inundated with talk of autonomous trucks, from a successful Uber beer delivery in Colorado to Elon Musk announcing Tesla is getting involved. Many of the technologies being used in autonomous vehicles (AVs) are already deployed in fleets today. Electronic stability control, collision avoidance, and rear and forward-view cameras have proven their worth.

Two challenges remain for autonomous technology. The first one is object detection and categorization.  This is the ability of the vehicle to recognize, for example, a pedestrian pushing a stroller across a street.  The second challenge is decision making.  With a human driver, there are a lot of subtle signs that drivers send to each other like right of way, but autonomous vehicles can’t pick those up. A lot of research and time will have to be focused on overcoming these challenges in the technology to make improvements to ensure reliability and safety in the final technology that is approved to hit the roads.

Three Key Areas of Autonomous Vehicle Development and Deployment

• Technology for Autonomous Vehicles
• Infrastructure for Autonomous Vehicles
• Governance for Autonomous Vehicles

National Standards on Autonomous Trucking

Legislation allowing testing of autonomous vehicles differs widely among states. Currently, no federal standard on autonomous trucking technology exists, so every state varies in its acceptance of autonomy.  Several states have no proposed legislation for automated vehicles, while states such as Nevada, California, Texas, and Arizona are hotbeds for testing of automated trucks.

Licensing and testing standards in the US are being developed at the state level rather than nationally which may lead to inconsistencies across states. The federal government should create a nationally recognized licensing framework for AVs determining appropriate standards for liability, security, and data privacy.

The American Trucking Association approved its first-ever policy for the development of automated trucks.  It covers a variety of topics including safety, the roles of federal and state governments, uniformity across state lines, infrastructure and education. They are divided into 8 policy points to include:  Safety, Flow of Interstate Commerce, Federal Preemption and State’s Rights, Uniform State Laws, Infrastructure, Connectivity, Public Education and Maintainability. Check out the following for more information on the Automated Truck Policy Points  –https://www.trucking.org/ATA%20Docs/News%20and%20Information/docs/Proposed%20Automated%20Truck%20Policy_24OCT2017_final.pdf

The Different Levels of Automation

0 – No Automation

1 – Driver Assistance (One function controlled automatically i.e. cruise control)

2 – Partial Automation (Both steering and acceleration/deceleration are automated, with the driver ready to take vehicle control)

3 – Conditional Automation (All safety critical functions are automated, but the driver is present for certain traffic and environmental conditions)

4 – High Automation (Automated to perform all safety-critical functions and roadway conditions for a full trip with the human driver still present)

5 – Full Automation (Expected to perform equal to a human driver, in all scenarios and conditions with no human driver present)

Pros of Autonomous Trucks

• Energy and dollar savings – 75% of the cost to ship via truck goes in to labor, salary, insurance and ongoing maintenance.
• Increased safety – fewer accidents and fatalities.
• Less congestion – would help move freight in less congested times (6pm-6am). Improved delivery times and more deliveries in one day.
• Lower insurance premiums.
• Ease of driving. Autonomous trucks may be confined to certain road lanes.
• More productivity – routes will take less time to complete, don’t have to stop for rest.
• Diesel fuel costs would fall but only as long as oil prices hold constant and because AVs reduce fuel consumption by optimizing acceleration and braking.

Cons of Autonomous Trucks

• Pricing uncertainty.
• How safe and reliable will they be and how will they react to bad weather/roads.
• Complexity – system will need to be secured and backed up in case of failure.
• Last-mile environment for trucks coming in to large cities is difficult and complex and will pose challenges.
• No way to program these trucks with the human intuition needed to react in certain situations.
• Retrofitting current city elements to feature sensors and connected transmitters to communicate with vehicles isn’t a cheap venture.
• The laws /rules governing AVs will be time-consuming and expensive to put in place.

Self-driving trucks is a very real promise.  Over time, this technology will save lives and improve freight efficiency and fleet productivity.  And it will happen gradually.  The emergence of autonomous trucks will supplement drivers and not replace them.  And so, as freight demand continues to grow, the trucking industry will need more professional drivers than it employs today.

The Department of Transportation regularly conducts their DOT audits to make sure companies are following all DOT and FMCSA regulations and safety guidelines. Since 2010, the number of DOT audits has increased, due in part to its implementation of the Safety Measurement System, which compiles data from all roadside inspections and weigh stations. The system then assigns a score to each carrier, and companies that have a high number of violations are most at risk for being audited. 

DOT compliance audits take place with little to no advance notice, so it’s important for every carrier to make sure they’re always prepared. Keeping good safety and compliance records, all year long that have plenty of attention to detail, can help make the DOT audit go more smoothly and will help ensure your business passes the audit. In order to pass, your company needs to have a system in place that is always designed to keep you compliant. All the necessary information must be captured to help keep you organized and on track.

Who can be audited?

Companies operating solely in intrastate commerce are subject to applicable state regulations regarding commercial motor vehicles.

Any commercial carrier, driver, or vehicle involved in the transportation of property or passengers in interstate commerce, with a vehicle of gross vehicle weight rating (GVWR) or combination weight rating (GCWR) of more than 10,000 lbs., is subject to Federal Motor Carrier Safety Regulations (FMCSR).

What are the different kinds of DOT audits?

• Compliance Review – This DOT audit looks at how well you are following government regulatory processes and reviews your company’s safety performance.
• New Entrant Audit – This one and the Compliance Review are the two most common DOT audits. A new entrant audit is a safety audit that usually takes place within a carrier’s first 12 months of being in business. This audit is designed to make sure you are complying with all required safety regulations as mandated by Congress.
• Security Audit – This audit looks at your safety plan, driver training, and security measures.
• Hazardous Materials Audit – The DOT will review such things as training, policy, shipping documentation and labeling of hazardous materials.

What are the six inspection categories called factors in a DOT review?

• General
• Driver
• Operational
• Vehicle
• Hazardous Materials
• Accidents

Each these DOT audit factors is reviewed and rated Satisfactory, Unsatisfactory, or Conditional. The safety rating designations are described below:

• Satisfactory – This is the most desired designation. It means the FMCSA has determined the company has adequate safety management controls in place and is doing their best to comply with federal requirements.
• Conditional – This safety rating means that although the FMCSA found at least one violation and/or non-compliance with federal requirements, the company does not pose an imminent safety hazard. A company will not face an Out-of-service Order, but they may incur financial penalties. In order to remove this rating designation, the company must prove corrective action by submitting a “Safety Management Plan” deemed acceptable by the FMCSA.
• Unsatisfactory – This means the FMCSA has found serious violations and/or non-compliance with federal requirements that may cause safety hazards. In addition to financial penalties incurred, the company must prove corrective action by submitting an upgrade request or a “Safety Management Plan” deemed acceptable by the FMCSA within 60 days for property carriers or 45 days for passenger/hazmat carriers. If they fail to do so, they risk being placed Out-of-Service.

How do you prepare for an audit?

Having the right paperwork in place means that you don’t have to scramble when the DOT shows up for an audit. Paying attention to details can mean the difference between passing and failing an audit. A DOT review of your transportation safety program records and evaluation can be pain-free if your company’s management team understands the regulations to which they are subject and what records the DOT expects to see.

What are some important things to keep in mind when preparing for a DOT audit?

• Maintain good business record keeping.
• Have good truck driver hiring, work, and discipline policies.
• Show proof of consistent Hours of Service monitoring, auditing, and corrective actions taken in the event of logbook violations.
• Maintain good vehicle maintenance records including the DVIR, semi-annual inspection, and a preventative maintenance program.
• Establish a carrier safety practices plan.

What are some common DOT audit triggers?

• Crashes – Even one accident can alert the FMCSA to conduct a compliance review. Accidents that result in a fatality or serious injury can prompt the FMCSA to conduct a review with as little notice as possible.
• Activity – Roadside inspections resulting in “Out-of-Service” violations or any high CSA activity. The more roadside inspections that occur with violations, the more likely the FMCSA will want to conduct a compliance review.
• Failure of a New Entrant Safety Audit – Having a firm grasp on the regulations is the best way to ensure the is passed and the FMCSA won’t follow up with a compliance review later.
• Complaint – a complaint in writing must be addressed by the Agency.
• Follow-up – Past audit activity may deem another visit down the road to determine if the fleet has kept with procedures, they said they’d do.

What are some key violations that are considered “critical” in the eyes of the FMCSA and will cause immediate unsatisfactory or conditional rating and can lead to substantial fines?

FMCSA has about a 100 of the regulations deemed the most important to follow. The “List of Acute & Critical Violations” can be found in FMCSR Part 385, Federal Motor Carrier Safety Regulations.

• Many types of Drug & Alcohol Testing violations.
• Using a driver without a valid license.
• Using a driver who has been deemed medically unqualified.
• Operating a CMV without the required level of insurance.
• Failing to maintain HOS records.
• Operating a vehicle deemed “Out-of-Service” during a Roadside inspection before the required repairs are made.
• Operating a CMV that has not undergone an Annual/Periodic DOT inspection.
• Falsification of records.

What are some simple Best Practices about audits?

• Prevent the audit – be DOT compliant and in control.
• Always be prepared .
• Exceed, don’t just meet, DOT regulations.
• Have controls in place for all the basics.
• Consider conducting mock DOT audits.
• Act quickly when problems are discovered.
• Fix high-risk problems immediately.

Compliance reviews, while nerve-wracking and time consuming, are the government’s means to ensure safe companies are on the roads operating around the motoring public. Let’s make sure your drivers get safely home every day and allow you to sleep at night. Utilize compliance review preparations to ensure your fleet has the proper procedures and activities in place every day, not just during audit prep.

Fleetworthy Solutions can assist with process optimization, mock audit, training, or other project that meets your needs to help accomplish this analysis.

A new monitoring service has been introduced for the FMCSA Pre-Employment Screening Program.  The new service automatically notifies drivers when their PSP safety records are updated.  Drivers can sign up to receive emails every time information is added to or removed from their records.  PSP provides instant online access to commercial drivers’ safety histories, with the drivers’ written authorization, to assist motor carriers with the hiring process.  PSP data is updated approximately every 30 days with a new data snapshot from the FMCSA Motor Carrier Management Information System database.  The optional monitoring service automatically notifies drivers when information changes on their individual PSP records, eliminating the need for drivers to check their records constantly.

“The PSP monitoring service simplifies the process for drivers to understand the latest status of their PSP records,” said Laura Johnson, NIC Federal General Manager.  “Thousands of trucking companies use PSP records to assess a driver’s safety performance when making hiring decisions.  It’s important for drivers to know what their prospective employers see on their individual records.”

How Do I Subscribe to the Monitoring Service?

Registered drivers can easily subscribe for the monitoring service from their account dashboards at www.psp.fmcsa.dot.gov.  After drivers receive an email from the monitoring service, they can log in to their accounts to obtain their latest PSP records immediately.  If the driver chooses to print the report, he/she will be charged a $10 report fee.  Once the driver requests the report, it will remain available for five days.

What are the Benefits of the PSP Program and New Monitoring Service?

(From the PSP Site)

The PSP program helps carriers make more informed hiring decisions by providing secure, electronic access to a commercial driver’s five-year crash and three-year inspection history from the FMCSA.  PSP records are available for commercial drivers and companies conducting pre-employment screening.  PSP records may be requested solely to conduct pre-screening of potential operators and only with the operator-applicant’s written consent.  You cannot pull a PSP Report on a current employee.

According to the results of FMCSA’s recent study, companies regularly using PSP have, on average an 8% reduction in crash rates and a 17% reduction in driver out-of-service rates.  Fleets can utilize the PSP for candidate consideration and should encourage their drivers to obtain their PSP reports and to receive monitoring notices.  Drivers can pull their data to ensure that it is accurate, challenge entries when necessary, and now receive notice through the monitoring service when new reports are added.