THE HNI BRAND - · PDF file21/11/2016 · List of Acute and Critical Violations:...

MAINTENANCE COMPLIANCE

November 21, 2016

• Safety Culture

• Interstate vs. Intrastate

• Books to Use

• Acute Vs. Critical

• Who is Subject

• MOT

• Part 393 - Parts and Accessories Necessary for Safe Operation

• Part 396 - Inspection, Repair, and Maintenance

• CSA (Internet Demonstration)

• Websites of Interest

TOPICS COVERED

SAFETY CULTURE

FED REGULATIONS VS. OOS

List of Acute and Critical Violations: §392.2 Operating a motor vehicle not in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated (critical). §392.9(a)(1) Requiring or permitting a driver to drive without the vehicle's cargo being properly distributed and adequately secured (critical). §396.3(b) Failing to keep minimum records of inspection and vehicle maintenance (critical). §396.9(c)(2) Requiring or permitting the operation of a motor vehicle declared “out-of-service” before repairs were made (acute). §396.11(a) Failing to require driver to prepare driver vehicle inspection report (critical). §396.11(c) Failing to correct Out-of-Service defects listed by driver in a driver vehicle inspection report before the vehicle is operated again (acute). §396.17(a) Using a commercial motor vehicle not periodically inspected (critical). §396.17(g) Failing to promptly repair parts and accessories not meeting minimum periodic inspection standards (acute).

INTERSTATE VS. INTRASTATE

DEFINITIONS

Interstate commerce means trade, traffic, or transportation in the United States • Between a place in a State and a place outside of such State

(including a place outside of the United States) • Between two places in a State through another State or a place

outside of the United States • Between two places in a State as part of trade, traffic, or

transportation originating or terminating outside the State or the United States.

Intrastate commerce means any trade, traffic, or transportation in any State which is not described in the term “interstate commerce.”

TRANS 327 – INTRASTATE RULES

Commercial motor vehicle

• Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater

• Is designed or used to transport more than 8 passengers (including the driver) for compensation

• Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation

• Is of any size and is used in the transportation of materials found to be hazardous and which require the motor vehicle to be placarded

INTERSTATE COMMERCE – WHO IS SUBJECT


• Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater



• Is designed or used to transport more than 8 passengers (including the driver) for compensation



• Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation



• Is used in transporting material found by the Secretary of Transportation to be hazardous and transported in a quantity requiring placarding


MATERIALS OF TRADE HANDOUT

49 CFR 173.6 Materials of Trade Exemption

The vehicle marking must show: • The legal name or single trade name of the company

operating the vehicle • The motor carrier identification number, issued by the FMCSA

preceded by the letters “USDOT.” Interpretation Question 1: What markings must be displayed on a CMV when used by two or more motor carriers? Guidance: The markings of the motor carrier responsible for the operation of the CMV must be displayed at the time of transportation. If 2 or more names are on the vehicle, the name of the operating motor carrier must be preceded by the words "operated by."

PART 390.21 – VEHICLE MARKING

PART 393 & 396– PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION & INSPECTION, REPAIR AND MAINTENANCE

Inspection, repair, and maintenance. Parts and accessories shall be in safe and proper operating condition at all times. These include those specified in part 393 of this subchapter and any additional parts and accessories which may affect safety of operation. Record retention. The records required by this section shall be retained where the vehicle is either housed or maintained for a period of 1 year and for 6 months after the motor vehicle leaves the motor carrier's control.


Required records - Records for each motor vehicle they control for 30 consecutive days. These records must include: • An identification of the vehicle including company number, if so marked,

make, serial number, year, and tire size.

• A means to indicate the nature and due date of the various inspection and maintenance operations to be performed

• A record of inspection, repairs, and maintenance indicating their date and nature; and

• A record of tests conducted on pushout windows, emergency doors, and emergency door marking lights on buses. Code of Federal Regulations493


Driver vehicle inspection report(s) - Motor carrier shall require its drivers to report, and every driver shall prepare a report in writing at the completion of each day's work on each vehicle operated when a defect is known to the driver at the end of the day! The report shall cover at least the following parts and accessories: • Service brakes including trailer brake connections; • Parking brake; • Steering mechanism; • Lighting devices and reflectors; • Tires; • Horn; • Windshield wipers; • Rear vision mirrors; • Coupling devices; • Wheels and rims; • Emergency equipment.


Report content - The report shall: • Identify the vehicle and

• List any defect or deficiency discovered by or reported to the driver

• No defect = the report shall so indicate.

• Driver shall sign the report.


Corrective action. 1. Prior to requiring or permitting a driver to operate, repair any defect

or deficiency listed on the driver vehicle inspection report which would be likely to affect the safety of operation of the vehicle.

2. Every motor carrier or its agent shall certify on the original driver vehicle inspection report which lists any defect or deficiency that the defect or deficiency has been repaired or that repair is unnecessary before the vehicle is operated again.

3. Sign the report, only if defects or deficiencies were noted by the driver who prepared the report, to acknowledge that the driver has reviewed it and that there is a certification that the required repairs have been performed. The signature requirement does not apply to listed defects on a towed unit which is no longer part of the vehicle combination. .


Retention period for reports. Every motor carrier shall maintain the original driver vehicle inspection report, the certification of repairs, and the certification of the driver's review for three months from the date the written report was prepared. Exceptions. The rules in this section shall not apply to a private motor carrier of passengers (nonbusiness), a driveaway-towaway operation, or any motor carrier operating only one commercial motor vehicle. Driver inspection - Before driving a motor vehicle, the driver shall:

• Be satisfied that the motor vehicle is in safe operating condition

• Review the last driver vehicle inspection report


Periodic Inspection - each component identified in appendix G of this subchapter has passed an inspection in accordance with the terms of this section at least once during the preceding 12 months. and documentation of such inspection is on the vehicle. The documentation in or on the truck may be: • The inspection report prepared in accordance with § 396.21; or • sticker or decal, which contains the following information:

• The date of inspection; • Name and address of the motor carrier, intermodal equipment

provider, or other entity where the inspection report is maintained; • Information uniquely identifying the vehicle inspected if not clearly

marked on the motor vehicle; • A certification that the vehicle has passed an inspection in

accordance with § 396.17.


Periodic inspection recordkeeping requirements - The qualified inspector performing the inspection shall prepare a report that: • Individual performing the inspection;

• Identifies the motor carrier operating the vehicle

• Identifies the date of the inspection;

• Identifies the vehicle inspected;

• Identifies the vehicle components inspected and describes the results of

the inspection • Certifies the accuracy and completeness of the inspection as complying

with all the requirements of this section.


Periodic inspection recordkeeping requirements, cont’d • The original or a copy of the inspection report shall be retained by the

motor carrier, intermodal equipment provider, or other entity that is responsible for the inspection for a period of fourteen months from the date of the inspection report.

• The original or a copy of the inspection report must be retained where the vehicle is either housed or maintained.

• The original or a copy of the inspection report must be available for inspection upon demand of an authorized Federal, State or local official.


Inspector qualifications - qualified as follows: • Understand the inspection criteria set forth in part 393 and appendix G of

this subchapter and can identify defective components;

• Are knowledgeable of and have mastered the methods, procedures, tools and equipment used when performing an inspection; and


• Are capable of performing an inspection by reason of experience, training, or both as follows:

1. Successfully completed a Federal-or State-sponsored training program or have a certificate from a State or Canadian Province that qualifies the individuals to perform commercial motor vehicle safety inspections, or

2. Have a combination of training or experience totaling at least 1 year. Participation in a commercial motor vehicle manufacturer-

sponsored training program or similar commercial training program designed to train students in commercial motor vehicle operation and maintenance;

Experience as a mechanic or inspector in a motor carrier Experience as a mechanic or inspector in commercial motor

vehicle maintenance at a commercial garage, fleet leasing company, or similar facility; or

Experience as a commercial motor vehicle inspector for a State, Provincial or Federal government.


Brake inspector - qualified as follows: • Understands the brake service or inspection task to be accomplished and

can perform that task; and • Is knowledgeable of and has mastered the methods, procedures, tools

and equipment used when performing an assigned brake service or inspection task; and


Are capable of performing the assigned brake service or inspection by reason of experience, training, or both as follows: 1. Has successfully completed an apprenticeship program 2. Has brake-related training or experience or a combination thereof

totaling at least one year. Such training or experience may consist of: Participation in a training program sponsored by a brake or vehicle

manufacturer or similar commercial training program designed to train students in brake maintenance or inspection similar to the assigned brake service or inspection tasks; or

Experience performing brake maintenance or inspection similar to the assigned brake service or inspection task in a motor carrier or intermodal equipment provider maintenance program; or

Experience performing brake maintenance or inspection similar to the assigned brake service or inspection task at a commercial garage, fleet leasing company, or similar facility.


Evidence of that individual's qualifications Inspector: • Must retain this evidence for the period during which that individual

is performing annual motor vehicle inspections for the motor carrier, and for one year thereafter.

Brake Inspector: • Maintained by the motor carrier, at its principal place of business, or

at the location at which the brake inspector is employed. • Evidence must be maintained for the period during which the brake

inspector is employed in that capacity and for one year thereafter.











How are Defects Detected?

• Driver Reports Defects (Best)

• Mechanic Discovers Defect During Service (2nd Best)

• Supervisor Spot Checks Vehicle (3rd Best)

• State Patrol (Not so good!)


How do your tires look?


Do you have proper brake systems?


Are your lights/reflectors proper?

Finding Defects is a Team Effort?

• Driver Reports Defects (Best)

• Mechanic Discovers Defect During Service (2nd Best)

• Supervisor Spot Checks Vehicle (3rd Best)

• State Patrol (Not so good!)


SAFETY CULTURE

Websites of Interest – Live CSA Demonstration

www.fmcsa.dot.gov

http://meritorcya.com/Videos.aspx

http://www.fmcsa.dot.gov/



QUESTIONS?

JOHN SEIDL [email protected] 262 672 0986

mailto:[email protected]

THE HNI BRAND - · PDF file21/11/2016 · List of Acute and Critical Violations:...

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