Outsourcing Compliance

What are the benefits of outsourcing?
Compliance is an ever-changing environment, and your business deserves your full attention. Instead of dedicating precious management time to maintaining a compliance program, documents can simply be scanned by an overnight dispatcher. By outsourcing to a professional DOT Compliance company, you can rest easy knowing that you are always audit ready at a fraction of the cost.

How does it work?
We will provide you with packets to complete, simply fill them out and send them back. For vehicle inspection reports and driver logs, all you have to do is scan them to us and we will send you back a weekly report. For those that prefer an in-person touch, we can come to your facility and conduct a mock audit or staff training. Should a question arise, we’re only a phone call away.

Driver Qualification Files

Who needs a driver qualification file?
The employer must maintain driver qualification files on any driver who operates a commercial motor vehicle (CMV). A CMV is defined as any vehicle with a GMVR of over 10,000 lbs, or designed to carry 9 or more people.

What needs to be in a driver qualification file?
• Driver’s application for employment
• Inquiry to previous employers
• Driving record for the last 3 years
• Annual inquiry and review of driving record
• Annual driver’s certification of violations and annual review
• Driver’s road test and certificate, or the equivalent to the road test
• Medical examiner’s certificate
• If granted, a waiver of physical disqualification for a personwith a loss or impairment of limbs as specified in § 391.49.

Hours of Service

Do I need to track Hours of Service for my non-CDL drivers?
Any driver that leaves the state or goes to the airport in a vehicle designed for 9 of more passengers is an interstate commercial motor vehicle operator.  These driver are subject to the same Hours of Service regulations as a CDL driver.  That means you are responsible for ensuring compliance with the 70-hour 8-day or 60-hour 7-day rules; including non-driving time for other employers.  You must also ensure these drivers do not exceed the daily hours of service regulations for passenger carriers.

Should I use the 100 Air-Mile Rule or keep traditional logs?
Commonly referred to as the 100 Air-Mile Rule, this exception allows the company to maintain records of in-time, out-time and hours worked instead of traditional logs.  This exception requires that the driver not exceed a 100 Air-Mile radius (for most states) and not work more than 12 consecutive hours, regardless of off-duty time.  This means that if the driver comes to work at 7am, they are not eligible to work past 7pm.  This deviation from the typical 10 driving, 15 on duty rule, can cause a shortage of CDL drivers in many operations.  We’ll work with you to evaluate your needs, train your staff, and decide which method is best for your company.

What if I just remove some seats from the vehicle?
The DOT recognizes the manufacturers vehicle rating or the number the vehicle carries, whichever is greater. Removing seats has no bearing on whether or not it is considered a commercial motor vehicle.

Substance Abuse Testing

How do I know what drivers to include in my drug pool?
Generally, all CDL drivers who operate commercial motor vehicles are subject to DOT drug and alcohol testing (§382.103). This includes all full-time, part-time, intermittent, backup and international drivers.

My driver was just in an accident, do I need to test them?
Maybe. Post-accident drug tests only apply to CDLs and only in CDL vehicles. In addition one of the following factors must occur to use a DOT Regulated Post-Accident Drug Test.

-Human Fatality
-Bodily Injury
(If your driver was cited and there was immediate medical treatment away from the scene.)
-Vehicle was Towed (If your driver was cited)

*Please note that some states and local jurisdictions require drug testing post-accident. In addition, many companies require post-accident testing following any major incident. While testing may still occur, it must not be an FMCSA Regulated Test unless the criteria above have been met.

DOT#, MC# and CDLs

Do I need a DOT and MC #?
If you operate for hire in interstate commerce, the answer is generally yes. It is important to note that pre-arranged transportation at an airport, seaport, or other port of entry is considered a continuation of the initial trip. This means that unless all passengers have traveled from within the state, you can be involved in interstate commerce without leaving the state.

The regulations for DOT number, MC number and Financial Responsibility (Insurance), apply to all operators, even those operating only sedans and SUVs, unless they meet an exemption listed in the following sections.
49 U.S.C. 13506(a)
49 CFR Part 372

Here is link that provides a good summary of the regulations.

What do I need if I operate only a Sprinter or Limo?
If you operate in interstate commerce and require an MC # per the above section, you will generally need a full compliance program.

This includes: Driver Qualification Files, Vehicle Inspections, Safety Equipment, and Hours of Service.

The only differences between 9-15 passenger vehicles and larger buses are related to substance abuse testing, insurance limits. and IFTA.

Do my van drivers need a CDL?”
No: Federally only operators of vehicles over 26,000 pounds, and having the capacity to carry 16 or more passengers need to have a CDL. However always check with the state you are operating in for stricter rules such as California and New Jersey who do require CDL’s for van drivers that operate for hire vehicles.

Insurance

What insurance limits do I need?
Please review the section on Do I need a DOT and MC #? If the answer is yes, the minimum level of insurance is as follows:

Passenger Carriers
Vehicles with a seating capacity of less than 16 – $1.5m
Vehicles with a seating capacity of 16 or greater – $5m