Category Archives: FMCSA Compliance

Spotlight on Carrier Resource for the Controlled Substances/Alcohol BASIC

The Safety Management Cycle (SMC) is a useful tool for identifying and addressing safety and compliance issues. In the spotlight this week is the SMC for the Controlled Substances/Alcohol Behavior Analysis and Safety Improvement Category (BASIC). This resource suggests actions in each of the six operational areas that carriers can take to work towards reducing or eliminating violations by creating or improving their safety management controls.

The SMC for the Controlled Substances/Alcohol BASIC includes recommendations such as establishing written policies and procedures that promote, verify, and enforce adherence to all controlled substance and alcohol rules and regulations. Another action a carrier may want to take is conveying expectations to all applicable staff for adhering to controlled substance and alcohol regulations and to company policies and procedures. 

Posted in FMCSA Compliance, Industry News | Tagged , , , , , | Leave a comment

DOE Asks for HOS Break Rules Exemption

Department of Energy Seal Gamino and AssociatesThe U.S. Department of Energy is requesting an exemption from the 30-minute rest break provision of the hours-of-service regulations.

The exemption would enable DOE’s contract motor carriers and their employee-drivers that transport security-sensitive radioactive materials to be treated similarly to drivers of shipments of explosives.

The exempted drivers would be allowed to use 30 minutes or more of attendance time to meet the HOS rest break requirements providing they do not perform any other work during the break.

The Federal Motor Carrier Safety Administration is asking for public comments on this request. Comments must be received on or before February 13, 2013.

The Docket No. os FMCSA-2012-0370. You can submit comments via the Federal eRulemaking Portal: Headline News

Posted in FMCSA Compliance, Industry Legal Issues, Industry News | Tagged , , , | Leave a comment

Attention Commercial Motor Carriers: Update your VMT and PU data now!

gaminoandassociates san diego complaince fmcsa logo

Did You Know…As a motor carrier, recent Vehicle Miles Travelled (VMT) and Power
Unit (PU) data from your Motor Carrier Registration form, known as the MCS-150,
are required and must be up to date to properly assess your level of exposure in
the Unsafe Driving and Crash Indicator Behavior Analysis and Safety Improvement
Categories (BASICs) in FMCSA’s Safety Measurement System (SMS).

If your VMT data in FMCSA’s database is from 2010 or older, it will not be used
in your calculations when the January SMS snapshot is posted at the beginning of
February. Instead, the level of exposure will default to average PUs over the previous
18 months which can impact your percentiles in the Unsafe Driving and Crash Indicator
BASICs. View the SMS Methodology for addition details on BASIC percentile calculations.

Posted in FMCSA Compliance, Industry News | Tagged , , , , | 1 Comment

FMCSA Plans Surveys on EOBR Harassment

English: Logo of the United States Federal Mot...

Federal safety regulators are preparing surveys to learn whether or not electronic onboard recorders might be used to harass drivers. The surveys of drivers and carriers are part of the Federal Motor Carrier Safety Administration’s preparation for a proposed new EOBR rule, due next July.

In an announcement in yesterday’s Federal Register, the agency explained that the survey is in response to a court order that it be sure to address the risk of harassment in its proposed rule.

In August 2011, a federal appeals court tossed out an earlier version of the EOBR rule, saying it did not do enough to prevent harassment. This was in response to a suit filed by the Owner-Operator Independent Drivers Association.

Posted in FMCSA Compliance, Industry News | Tagged , , , , | 1 Comment