The FMCSA requires the following DOT driver
training: Entry-Level driver training (Part 380), Longer Combination
vehicle training (Part 380), Hazardous Materials training (Parts 172 and
177), and Reasonable Suspicion Training for Supervisors (Part 382).
However, there are also areas of the Federal Motor Carrier Safety
Regulations (FMCSA) where training is implied.
Entry-Level Driver Training (ELDT)
ELDT
has been around for many years and will be getting an update in 2020,
but the current requirements are found in subpart E to Part 380.
An entry-level driver is one with less than one year of experience. The entry-level driver must be trained on:
· Hours-of-service and fatigue
· Driver qualifications
· Health and wellness
· Whistleblower protections
Additionally,
entry-level drivers must have a certificate that shows they completed
the training or the carrier must provide the required training and
certificate.
The new ELDT
requirements will be in effect on February 7th, 2020 and will require
the driver to be trained at an entity (carrier or school) that is on the
Training Provider Registry (TPR). This puts the onus on the training
facilities to train the drier correctly according to Subparts F and G to
Part 380. Training must include Theory (classroom) and Behind-the-Wheel
(range and road).
The driver
must pass a test on all the required topics and skills. Furthermore, the
driver will not be able to take the CDL skills test until FMCSA has a
certificate of completion on file from the training entity. These new
requirements apply to anyone that gets their Commercial Learner’s Permit
(CLP) on or after 2/7/20.
Hazardous Materials Driver and Employee Training
Hazmat
training is required for any driver that transports hazardous materials
and for any other employee that is involved, directly or indirectly,
with the transportation of hazardous materials, and must be conducted
within 90 days of hire and before doing unsupervised hazmat-related
work.
Training needs to be
specific to what the employee does – the more involved the employee is
in hauling hazmat, and the more dangerous the hazmat is, the more
in-depth the training will need to be.
Instruction must include:
1. Training on general awareness and familiarization when it comes to hazmat,
2. Function-specific training based on the employee’s job,
3. General safety training when it comes to preventing and dealing with incidents,
4. Basic security awareness,
5. In-depth security training if the carrier must have a security plan, and
6. Modal specific training, such as how to drive when hauling hazmat.
Drivers
and affected employees must be retrained every 3 years or when the
regulations or job function changes. A certificate of training,
including a copy of training materials noting the person/company doing
the training, should be issued to the driver upon completion. A Carrier
must retain a copy of the training certificate for three years.
Reasonable Suspicion Supervisor Training
Carriers
are required to train supervisors on the reasonable suspicion process
of driver alcohol and drug use, one hour for each topic. This includes
recognizing and documenting the signs of drug use and alcohol misuse, as
well as company procedures for conducting reasonable suspicion testing.
The
supervisor only needs to be trained once. However, if your supervisors
don’t use the knowledge and skill they learned in the initial training
frequently, consider doing refresher training in this area on a regular
basis.
Implied DOT Training Requirements
Parts
390-393 and Parts 395 and 396 do not have training requirements
proscribed in detail but do imply that training is necessary. Let’s look
at these regulatory areas starting with Section 390.3(e):
Every
driver and employee shall be instructed regarding, and shall comply
with, all applicable regulations contained in this subchapter,
More
simply stated, the driver needs to understand the federal motor carrier
safety regulations. What the regulation does not specifically state is
what the instruction needs to look like, the frequency of instruction,
or the testing of knowledge. What is implied though, and what will be
looked for during an audit or compliance review is if a carrier has a
safety training program in place.
Two critical areas included in the above regulations are driver qualification and hours-of-service.
These areas carry the potential of severe consequences and you’ll want
to make sure your drivers understand the rules and what you require of
them.
Additionally, Part 391
requires that drivers must, by way of training or experience, be able to
safely operate the vehicle assigned to them. If the driver does not
have the experience (based on a background check) you’ll need to
demonstrate that the driver was trained to operate the vehicle safely.
Here again, the regulations do not specify how the driver is to be
trained, or who must provide the training.
A
good way to show compliance is to document the training. All
documentation should include the five “W”s: what, when, where, who, and
why. It’s critical that you are able to prove that the driver had the
necessary training and/or experience. Due diligence can be shown by
ensuring:
· The driver’s previous experience is noted on his or her application and that it is verified, and
· That all your training is correctly documented.
Finally,
Parts 393 and 396 require that all drivers be “conversant” on the
vehicle and vehicle inspection requirements. While this requirement is
vague, it seems to imply that a company should train drivers on vehicle
requirements and inspections.
Your
drivers are your day-to-day safety mechanism when it comes to
preventing unsafe equipment from being operated on the road. If they do
not know the rules you greatly increase your odds of an unsafe piece of
equipment being operated on the road. If you want more guidance,
download our Driver Inspections: Critical Vehicle Maintenance Practices whitepaper.
The biggest threat to your small business or home network is those internet-connected devices without screens. You don’t see them and you don’t think about them.
Wired magazine has an excellent article, check it out here.
By Mark Jones December 13, 2019
Make the switch with me today. Get 2 months free with the purchase of an annual plan at IdentityGuard.com/Kim
In
the increasingly connected digital world, the threat of having your
identity stolen is greater than ever. Things are really bad out there.
According
to the Federal Trade Commission (FTC), as many as 9 million Americans
have their identities stolen every year. It’s one of the fastest-growing
crimes in the U.S. today.
Identity
theft isn’t just someone stealing your credit card or rifling through
your mail. Criminals are getting more sophisticated and have come up
with plenty of ways to rip us off.
That’s
why we found nine clever ways thieves can steal your identity. Use this
information to avoid these pitfalls and stay protected.
1. Be careful what you share
We
live in a generation of oversharing. People have been oversharing the
details of their personal lives on reality TV shows for years.
These
days, it seems everyone shares everything on social media platforms
like Facebook. It’s often innocent oversharing, like your friend who
“checks in” to every restaurant so you always know where she is and what
she’s eating.
Unfortunately,
it’s easy to overshare with hackers, too. How often do you mindlessly
click through buttons that say, “Allow Access?” If you’re playing an
online game or entering a contest, it’s understandable because you want a
chance to win.
But
stop and think about what you’re doing before you give away your
information. Plus, you should NEVER post your address or other personal
information on social media sites. Platforms like Facebook are too
careless with our privacy as it is, and you don’t want your sensitive
information in the wrong hands.
2. Do you remember MySpace?
Remember MySpace accounts? From about 2005 to 2008 it was the most popular social media site in the world. Not so much anymore.
Most MySpace users have moved on to newer, more popular sites. Unfortunately, many forgot to delete their accounts.
Leaving
old accounts active like this can be a security nightmare. Think about
all the personal information you have just sitting there, waiting to be
scavenged by cybercriminals. Let’s face it, Tom from MySpace probably
isn’t keeping up with security protocols.
MySpace
isn’t the only old account to worry about, there are many others as
well. It’s critical to be proactive and delete all of your old accounts
you no longer use.
Thankfully,
there is a site that can help make the process easy. It’s called
AccountKiller and will help you wipe the slate clean. Tap or click here to learn more about AccountKiller and easily get rid of those old accounts.
3. Some things are supposed to stay between you and your doctor
According
to a survey by security company Carbon Black, a frightening 84% of
healthcare organizations say they have seen an increase of cyberattacks
over the past year. Cybercriminals have been targeting hospitals and
clinics due to the sheer amount of data these places store.
It’s
not all just patient information, either. There’s also data on doctors
and insurance companies. Stolen information is sold on the Dark Web and
ranges mostly from forgeries to health insurance credentials.
4. Do you know where that email came from?
When
criminals first started sending phishing emails, they were pretty easy
to spot. Tons of grammatical and spelling errors tipped us off to the
fact that no, our banks couldn’t possibly have sent that message.
However,
today’s crooks have learned that lesson and are now sending
professional looking messages. They spoof logos that look so real they
can be difficult for even experts to spot.
The
most important rule to outsmarting phishing scams is to avoid clicking
malicious links. That means you shouldn’t click on web links or open PDF
attachments found in unsolicited email messages — ever.
If
you need to conduct business with a company, it’s always best to type
its web address directly into your browser. Never trust a link inside a
message.
5. Sometimes easier doesn’t mean safer
Shopping
online is super convenient and takes out all the hassles associated
with heading to the mall. But, have you ever heard of e-skimming?
It’s
when your credit card information is skimmed by a criminal while you’re
buying stuff online. You don’t even know it’s happening until it’s too
late.
This
epidemic is getting worse as hackers have figured out how to skim
credit cards from ordinary online retailers without being detected. They
do this by using tricky bits of code while they lie in wait and capture
your data as you’re typing it in. Tap or click here to learn more about this type of scam.
6. Stay off those unsecured networks
One
of the biggest mistakes people make is connecting to unsecured Wi-Fi
networks. Sure, everyone wants to save on data, but joining a public
Wi-Fi network at the coffee shop or airport is a terrible idea.
Crooks
are always trolling these public networks, watching and waiting for new
victims to can rip off. If you must use a public network, always use a
VPN when you connect.
7. Saving money on tech could cost you more in the long run
Shelling
out over a grand for the latest and greatest smartphone isn’t very
economical. But if you are using a super old device that can’t support
updates, you could be putting your personal data at risk.
That’s
because many operating system updates come with critical security
patches that keep crooks from stealing your information. Without these
patches, you’re a serious contender for identity theft, which could wind
up costing you more than what you’d pay for a new phone.
If you don’t need the top of the line smartphone, there are less expensive options. Tap or click here to learn about the 7 best phones that cost under $400.
8. Old school tricks still work
Though
criminal have sophisticated hacking tools at their disposal, there are
old-fashioned spying tricks that still work to this day.
We’re
talking about the common thief rummaging through your trash, hoping to
find personal information you may have written down and thrown away.
Take the time to shred any sensitive documents before carelessly
throwing them in the trash.
Also,
be careful of what you say out loud. If you’re in public making a
payment over the phone and reading your credit card information out loud
can lead to eavesdroppers stealing that data.
9. Can you really trust Uncle Phil?
It’s
sad we have to mention this, but unfortunately we must. It’s not just
hackers who could steal your identity. It could be a family member or
friend.
That’s
why it’s very important to keep passwords and important documents in a
safe place. Don’t just leave things with information like Social
Security numbers and banking information sitting around the house.
Always hide your information to protect your bank accounts and identity.
Maintaining driver files comes with a host of
nuances that make it challenging for fleets to stay compliant. To this
point, our subject matter experts have received countless requests for
clarification on the topic. Here are answers to some of the more
commonly asked questions surrounding driver qualification (DQ) file
management:
1. Who needs a DQ file?
The
answer is based on the definition of “commercial motor vehicle” from 49
CFR section 390.5 and may come as a surprise. According to this
definition, it’s not just CDL drivers who need a file. Drivers operating
the following vehicles are also included:
- Vehicles
weighing 10,0001 pounds or more (this includes gross vehicle weight,
gross vehicle weight rating, gross combination weight, or gross
combination weight rating)
- Vehicles designed to transport 9+ passengers (including the driver) for compensation, or 16+ passengers not for compensation
- Vehicles placarded for hazmat transportation
2. What is required in a DQ file, and how long do you keep it?
The
driver’s application, motor vehicle records (MVRs), safety performance
history, and certificate of road test or copy of CDL are created at time
of hire and kept for the duration of employment plus three years. The
Annual MVR and review notes, medical card and national registry
verification, and annual list of driver convictions are generated
biennially, annually, or more frequently, and may be discarded after
three years. A terminated driver’s file should be kept for three years
after the driver leaves.
3. What if something is missing?
Once
you identify a potential violation with your files, the best thing you
can do is put forth a good faith effort to comply. Attempting to hide
the violation is considered falsification and carries a hefty price tag,
so it’s in your best interest to document your acknowledgement of the
violation, show you have taken steps to correct it, and put the proper
controls in place to prevent future violations.
4. What about rehires?
If
a driver is let go, or leaves and is then rehired, the driver must be
treated like a new hire. In addition to keeping the old file intact, a
new driver file must be created. Items that may still be valid, for
example the road test or medical card, can be recycled and used for the
new file. The driver application and MVR, however, must be recreated.
5. How must DQ files be stored?
Organized
and accessible! It is legal and more efficient to scan your driver
qualification file documents, store them electronically, and purge the
originals. However, you may be called upon to print electronic images
during an audit based on the discretion of the auditor. You need to
ensure the scanned images are as clear as the original before you
destroy any document.
The Risk of Non-Compliance
Choosing
not to comply with DQ file regulations could result in poor CSA scores
and being put on ‘Alert,’ which can lead to an on-site investigation,
FMCSA audit, or being issued an out-of-service order. Additionally, your
operation will be at risk of a downgraded safety rating and may be
liable for fines and penalties ranging from $1,214 per day to $12,135
for certain recordkeeping violations.
Proper
DQ file maintenance helps ensure your drivers are not only licensed to
drive, but also experienced and trained according to your company’s
standards. In the event of a crash, driver qualification files provide
legal proof that you’ve done everything in your power to ensure only
qualified drivers are operating your vehicles.
The research says that the ELD mandate does not currently improve safety – this is according to Alex Scott of Northeastern University, Andre Balthop of the University of Arkansas, and Jason Miller of Michigan State University.
Alex Scott led a team that evaluated inspection and crash data from the FMCSA. The research shows that the widespread adoption of ELDs had no measurable impact on the number of accidents. In that same 2 year timeframe, Hours of Service violations decreased by 51.7%.
Unsafe driving infractions have increased for small carriers and owner operators.
“Our research also provides another example of how policy
interventions are fraught with uncertainty in complex systems with many
interconnections and possible feedbacks,” the report states.
These offsetting results, the researchers say, could have been
predicted. The authors found that even before the ELD mandate, drivers
were heavily incentivized to avoid accidents, and this didn’t change
after the ELD mandate. The ELD mandate was designed to reduce driver
fatigue, a cause of some accidents, but it failed to encourage other safe driving behaviors, and may have actually increased unsafe driving behaviors.
“Given the legal liabilities involved with being in a crash when
outside hours-of-service limits, drivers are incentivized to be extra
cautious when driving beyond limits. The ELD mandate has not done much
to change the driver calculus in this respect, and so it is perhaps not
surprising that we fail to uncover significant accident reductions,” the
paper concludes.
Read the research paper in its entirety here; https://jbatelematics.com/didtheelectronicloggingdevicemandatereduceaccidents/
You’ve installed an Electronic Logging Device (ELD) that you think best fit your needs. Maybe you wanted low cost. Maybe you wanted to leverage your drivers’ phones. Maybe you saw some cool feature. We are now a year in to this new ELD mandate. Perhaps you’ve seen no change. Compliance is the same but the administration seems to takes more time. Safety is the same. Dispatch is the same. Costs are higher.
You are not alone. We now know that in spite of the increased Hours of Service compliance with mandatory ELDs, accident rates are trending in the wrong direction.
You’ve checked the box for “ELD compliance”. Now let’s consider what comes next.
Fleet technology is nothing new. I’ve been involved in fleet technology since 1988, and there were those before me. Rockwell International started the movement in 1978 when they presented a National Academy of Sciences paper on a new device called a Tripmaster. By 1981, telematics was a product – even if it wasn’t called that. If you read “The Long Haul to Success” by JB Hunt, he credits this technology with growing his business. He took advantage of the chaos in the wake of the 1980’s deregulation environment. He found a way to cut costs and create predictability in his operations. I was there, as an owner-operator that lost business to JB Hunt. Once I figured out why I was losing my good loads, I decided to change careers and join the new telematics movement.
Can you do the same thing today? We have a disrupted environment. ELDs have changed operations more than expected. Good drivers are hard to find. Is this an opportunity or a reason to hunker down and pretend it’s all OK?
With the right information, it’s not as difficult as you might think to improve your operations. One of my clients and good friends looked at a long haul route from the east cost to the midwest. Drivers were driving as fast as the trucks would allow – 70 MPH. They were stopping for fuel, stopping again for breaks, and taking long breaks when they stopped. He incentivized his drivers to slow down 10 MPH and added approved fuel stops as part of their digital route – building in rest time at each fuel stop. The result was an increase of 1 MPG, and an increase in on time deliveries.
Let’s discuss how the right technology can give you good information. Some areas to look at for return on investment;
Fuel. Alternative fuels are not just about being green or pure fuel cost per mile – although both are important. It’s also about down time. Many of our customers report lower maintenance costs with the absence of diesel engines’ aftertreatment systems. How do you measure down time? What is the impact on your operations in terms of time and miles when a truck goes down?
Fuel consumption. Even with lower fuel costs, the 2018 ATRI report tells us fuel costs are 22% of an average fleet’s total operational costs. Even in today’s electronic trucks, the ATA’s Technology and Maintenance Council tells us a driver can affect fuel economy by up to 35% based in his or her driving habits.
- Efficient Routing. ATRI (the American Transportation Research Institute) tells us the average trucking fleet burns 15% of their fuel traveling out of route.
- Engine idle. The Argonne National Laboratory tells us that the average truck wastes 1830 gallons of diesel annually idling, an average of 6 hours a day. This 6 hours of idle equals 42 miles of engine wear, and contributes $4.41/day to engine overhaul costs. The average diesel engine pulling 10 HP in accessories at 800 RPM burns 1 gallon per hour.
- Speed control. Every 1 MPH in excess of 55 MPH increases fuel consumption 2.2%.
- Rapid accelerations and decelerations. It takes energy measured in BTUs to accelerate. This energy is scrubbed off as heat every time the brakes are applied. Efficient drivers are gentle on both acceleration and deceleration.
- The productivity costs of slowing down your fleet is not linear. An ATA study tells us that slowing your trucks allowed top speed by 10 MPH only results in a 7 MPH decrease in average speed.
Environmental. Idling trucks in the US emit annually an estimated 10 million tons of CO2, 50,000 tons of NOX, and 2000 tons of particulates. Plus – more fuel equals more emissions. Increase fuel efficiency, decrease emissions. A 10 MPH average speed decrease results in an 18% decrease in NOX emissions.
Routing and Dispatching. Routing and dispatching must be joined. Planning is great, but not if the drivers don’t know about it. Great dispatch is good – but what if the drivers are not given the best plan? Do you need all those trucks? Are you keeping your customers happy, while minimizing time and distance. Are you staying on time, minimizing out of route stops?
- We estimate the average fleet has 15% more trucks than needed on a daily basis. The costs of owning a truck contribute up to 40% of overall operating costs for a fleet.
- Efficient routing and dispatching maximizes your drivers’ productive time. Help your drivers plan and maximize their 13.5 hour workday.
- Efficient and predictable dispatch keeps drivers happy, and reduces turnover. The more drivers’ schedules are flipped, less quality rest.
Maintenance. Vehicle maintenance costs are directly correlated to speed. When increasing average speed from 55 MPH to 65 MPH;
- Tire wear increases 5% – 16%, depending on GVW.
- Engine time to overhaul decreases 10% – 15%.
- 15% increase in oil consumption.
- 15% decrease in brake life.
Safety. It is hard to measure the savings of accidents that you don’t have. But it is clear that efficient operations improve safety. Minimizing unnecessary time and distance on the road also reduces exposure. Driving for fuel efficiency is also safe driving. Efficient and predictable dispatch increases rest and improves morale. When you start to monitor drivers’ top speed, they can sometimes try to make it up in towns and construction zones. Measuring actual speed versus posted speed limits lets you know how your trucks are being operated when lots of eyes are on your vehicles. Event Analysis can help defend your drivers and your company if an incident does happen.
What are your thoughts? Looking for the right technology for your fleet? Let me know.