What do the DOT Roadside Enforcement Officials/Inspectors like to focus on?

As former Roadside Safety Inspectors, Compliance Investigators and National Training Center Instructors for commercial vehicle safety and compliance we have witnessed many trends among the ranks of law enforcement and roadside inspections officials while dealing with commercial vehicles. Some of these trends range from the type of vehicles inspected, focus on geographical areas, focus on violation types (Load Securement or Brake Inspections), and at times even enforcement of  incorrect violations.

Carriers operating today who are routinely stopped and inspected can relate to what I’m talking about with these trends.  I can’t tell you how many times I heard this statement “48 States, 48 different sets of rules” and its all because each state has a trend they are leaning toward.  It may be because of a miss interpretation of the rules or a states action plan that causing the officials to stop a certain type of commercial vehicle.

One thing is for curtain, some trends will never change.  Basically curtain types of carriers have a huge target on their back.  So who are these carriers?  Well it’s not company name specific but more the type of vehicles they operate.  It’s the companies that are in business for some type service but happen to use Commercial Motor Vehicles as a part of their day to day operations.  No, they are not “Truckers” or even a “Trucking Company” but they do use or rely on Commercial Motor Vehicles.blue 18 wheeler

Here is the problem that is nationwide for all small business in the United States.  They don’t think they are using a Commercial Motor Vehicle.  Here’s the reason why.  When you hear any the words…  “Commercial Vehicle”, “Commercial Motor Vehicle”, “Truck”, “Trucking Company” or “Carrier” you automatically get this vision in your head.  Yes that is correct, you see a big 18 Wheeler.

This is just what Roadside Inspectors are hoping for.  Each of them know if a small business pulls up with a small commercial motor vehicle there will be loads of violations.  We all know that DOT Inspectors like to write tickets.  But that roadside inspection report is what will damage your business.  In fact the violations on that report could lead to the small business being shut down or prohibited from transportation using a CMV.  This trend is serious and you must get you or your company Off the Radar.

So what is a Commercial Motor Vehicle?

49 CFR 390.5 Commercial Motor Vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle—

  1. 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; or
  2. Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
  3. Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
  4. Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.

Here are some examples of commercial motor vehicles that small businesses use in their day to day operation. These are combinations that do not require a CDL but DO require DOT Compliance.

Small Business CMVSmall 1 Ton Pickup CMV

If you drive any of these examples below then this flow chart (DOT Compliance) will tell you need full compliance.  If you want the radar off you then compliance is key.

For example on this red pick up, if the driver is using this vehicle combination for some type of business then they must be DOT Compliant. This looks like a Ford F250 pulling a small two axle trailer.  At a minimum we know the GVWR of the trailer is around 7,000 lbs.  Given the trailer weight rating we know the total Gross Combination Weight Rating (GCWR) is over 10,000 lbs making this a commercial vehicle combination.

The blue Ford 1 Ton Dually is well over 10,000 lbs GVWR and if used for a business then it meets that Commercial vehicle definition and compliance is a must.  Yes, you can use this vehicle as a personal car.  There is nothing wrong with that.  But while using it in the furtherance of your business is a different story.  Remember the rules change for vehicles being used in commerce.

 

This white 3/4 ton pulling the dump trailer is a commercial motor vehicle.  This is a very common vehicle combination on the roadways today.  Usually inspectors find a lot of vio3/4 Pick and Dump Trailer CMVlations with these.  So you can count on the roadside inspectors licking their chops and ready to inspect you every time if your truck looks like this.  The pickup has a Gross Vehicle Weight Rating (GVWR) of 8,800-9,9Small CMV Combination00 lbs and the trailer will be right around 14,000 GVWR.  So this GCWR is right around 23,000 lbs.  I don’t know about you but I can spot a few violations just looking at the picture.

 

In the photo of the white Dodge and small white enclosed trailer.  This combination is going to be very close to the 10,000 lbs limit.  Looking at it I know the pickup is right about 6,600 lbs GVWR and the trailer is probably 2,500 lbs GVWR.  So in this case this may not be a Commercial Vehicle Combination.  You would want to check the VIN plates and add up the GVWR’s to be 100% sure.

 

 

Alright here is the bottom line.  If you drive one of these combinations then you and you company have a huge target on your back.BullsEye  Inspectors will pass up other vehicles just to get a shot at you.  Nothing will shut an inspector down faster that you or your drivers being prepared.

 

 

 

Top 10 Tip’s to Stay Off The DOT Radartop 10

  1. Make sure you keep your truck and equipment clean and in a professional manner.
  2. Have your Company Name and USDOT number on the left and right side of the vehicle.
  3. Keep all the vehicle/trailer lamps in good working condition.
  4. Train your drivers on the roadside inspection procedures.
  5. Train your drivers how to answer DOT related questions that may arise during a roadside inspection.
  6. Ensure your drivers are using the proper load securement methods for the type of commodity you are transporting.
  7. Use only qualified drivers that meet the full requirements of 49 CFR 391.11.
  8. Ensure your drivers are inspecting the vehicle everyday prior to starting their shift.  This included the trailer breakaway brake system.
  9. Ensure the truck and trailer both have a current periodic (annual) inspection.

And the #10 Tip to staying off the DOT Radar is – Contact The DOT Inspector LLC and have us help you become compliant so you can avoid the day to day hassle that can be caused by DOT Enforcement.

Contact us today and we’ll schedule a 2-3 hour consultation.  We are committed to you and your company’s DOT Safety Success.

Ryan Byers – Lead Consultant
Servicing the Denver Metro and North Eastern Colorado Area
Cell – (720) 951-1184
 
 
 
The DOT Inspector LLC

It is our mission to provide our clients with essential D.O.T. compliance services and training of the highest quality and unequaled value. Through dedicated and responsive service we will improve our client’s CSA safety scores and decrease the likelihood of federal or state audits and fines. We are committed to maintaining excellence, respect and integrity in all aspects of our operations. In our partnerships with the commercial vehicle owners of Colorado we will assure that their privacy is held with the highest ethical standards; all information shared being kept strictly confidential. It is our goal to provide you with the knowledge and services to keep you off the radar!

Visit us on the web @ www.TheDOTInspector.com

 

 

 

 

 

 

 

Here’s five of the 15 violations that are AUTO FAILURE.  Knowing them all will Help Keep you OFF THE RADAR.

Today carriers throughout Colorado and the United States are experiencing a huge problem.  Passing a New Entrant Safety Audit and getting shut down with a Federal Out-of-Service Order from the Federal Motor Carrier Safety Administration (FMCSA).

What does this mean?  Well, new companies that are in start-up or older companies that just just got a USDOT number are required to go through a DOT Audit as part of the New Entrant Program.  This program was started with great intentions.  But like anything with the government things don’t always work out the way they were planned.

In 2010 the Feds made some changes to the New Entrant Program.  The plan was to make new companies be held responsible for there activities during start up.  Basically this new plan states, “You better do it right or else.”  The “Or Else” part should scare the heck out of you.  Because companies are getting shut down left and right for not complying with DOT Regulation.

In fact so many companies in Colorado are getting shut down that the Colorado State Patrol is contacting carriers in advance and warning them to get their Safety Management Systems up and running prior to the audit.  This is a desperate attempt to stop carriers from failing and then getting shut down.

How many carriers are failing?

When the changes started to the New Entrant Program back in 2010 it was estimated that 10%-15% would fail.  This estimate was not even close to reality.  Today, the State of Colorado is seeing a 68% Failure Rate.  I cannot quote what the numbers are for the other states.  But I do know they are seeing some similar results.

This is a Huge Problem!

Mal and I saw the writing on the wall and decided to leave the Colorado State Patrol and start a service in the Commercial Vehicle Industry.   Both Mal and I know exactly what it takes to stay off the DOT Radar.  I don’t mean sneak around the DOT Checkpoints or bend the rules to fit your needs.  No, you need to comply.  At least comply with the minimum standards.  Most carriers don’t even realize that there is a minimum standard.  Imagine having two DOT Subject Matter Experts that not only advise you but they completely manage your essential safety management systems. Talk about giving you an “Easy Button”.  Yes we do it all for you.  At last you don’t need to worry because we’ll take care of you that is of course if you retain our services.

Five of the Fifteen AUTO Failures for a New Entrant Safety Audit.

  1. Failing to implement an alcohol and controlled substances testing program (Applies to CDL Drivers)
  2. Failing to ensure your drivers have a valid drivers license or commercial drivers license with the proper class and endorsements.  (You must pull MVR’s)
  3. Failing keep Records of Duty Status or Time Cards.  (All drivers even local drivers need a form of hours of service.  These range from Log Book to Time Cards.  Tip – time cards must meet a specific requirement of they wont be accepted and then you’ll fail)
  4. Failing to fix vehicle’s or equipment with severe defects that are noted on driver vehicle inspection reports or other inspection reports. (These specific violations are listed in the Out-of-Service Criteria)
  5. Failing to Periodically Inspect your Commercial Vehicle Power Units and Trailers.  (Periodic Inspections must be conducted annually by a Qualified Inspector.  Not all mechanics are qualified.  There must be knowledge of the specific regulations)

There are 10 more things that can cause your company to AUTO-FAIL a New Entrant Safety Audit.  These would all fall within the Safety Management Systems (Administrative Procedures).  So if you have not built all the necessary files and systems I can pretty much guarantee you will fail the audit.

You Have Three Options:

Think of that old clock that’s ticking and wired to a huge stack of dynamite.  Is that your company with all the dynamite it stacked and the clock is ticking.  TIC TOC TIC TOC

Even if you have been through the Safety Audit you still need to be concerned about CSA Investigations.  Sometimes carrier’s have passed a New Entrant Safety Audit and they didn’t have anything.  They just lied to the auditor and he/she did not ask to see any of the records.  Well, you got lucky and it does happens.  Unfortunately, the clock is still ticking.  That auditor did you a severe injustice.  Why?  Because a CSA investigation is unforgiving.

So you really have only three options:

Option 1: Do Nothing – Carry on business as usual and open yourself to massive liability and federal enforcement.  (FYI Insurance carriers will not stand behind a client who is out of DOT compliance)

Option 2: Do it yourself.  If you know what must happen and what safety management systems you must build then build them.  Don’t wait and don’t procrastinate.

Option 3: Let us at The DOT Inspector LLC help you.  Our “Easy Button” is truly easy.  We will stop that ticking time bomb instantly.  No guessing what wire to cut, Blue or Red.  Because we know exactly what it takes to Keep you OFF THE RADAR.

The mission of The DOT Inspector is to provide essential DOT compliance services and training for any carrier through dedicated and responsive service that will improve your CSA Safety Scores and decrease the likelihood of federal or state audits and fines.

Ryan Byers – Lead Consultant
Servicing the Denver Metro and North Eastern Colorado Area
Cell – (720) 951-1184
Visit us on Facebook @ www.TheDOTInspector.com/Facebook

 

 

Free DOT Compliance Training Event

 

 

 

Join us for lunch and training on November 15, 2012

We’ll be discussing compliance issues that carriers continually struggle with.  Additionally there with be a vehicle inspection set up where we will wall you through a DOT inspection and focus on load securement.

All companies who attend will receive a Free 2 hour DOT Compliance Consult provided by The DOT Inspector LLC

 

We look forward to seeing you there!

 

 

The DOT Inspector LLC
The mission of The DOT Inspector is to provide essential DOT compliance services and training for any carrier through dedicated and responsive service that will improve your CSA Safety Scores and decrease the likelihood of federal or state audits and fines.
Ryan Byers – Lead Consultant
Servicing the Denver Metro and North Eastern Colorado Area
Cell – (720) 951-1184
Visit us on Facebook @ www.TheDOTInspector.com/Facebook

Many Struggle with DOT Laws

 

 

 

Many are struggling with DOT Compliance.

 

Guide to DOT Regulations

The DOT Regulation Road Map

There is one thing that is a given when it come to the Federal Motor Carrier Safety Regulations.  Nearly every company struggles with the DOT laws and regulations.  It’s a fact!

It could be a company that’s been around for 20 plus years or the owner operator who is just getting started.  It could even be that small landscaping business whose business is exploding but they neglect the DOT portion of the biz.  My point is, it’s not just you who may be running into problems.  It’s everyone.

When a lot of companies first discover they need to comply with DOT Laws it’s usually because they were stopped and inspected.  This is usually a pretty big wake up call for many company’s.  Because you probably had a truck/trailer and driver stuck somewhere far away and they’re telling you they were just placed out-of-service.  Are you the boss that cusses out your driver because he was given strict instructions to drive around the check points?

So what is your reaction going to be?

Are you going to be that business that says screw it I’m not going to do it!

Or are you the business that says “I need to figure this out and make  sure my business in operating in accordance with the laws and regulations.”

Both of these statements are simple to say, but the bottom line is you have a decision to make.  It takes commitment and dedication to your business if you want to be in compliance.  Right now at this point is when many learn just how complex the DOT Laws can be.  Many will decide to throw in the towel.  They don’t quit the business.  They just choose to operate illegally and eventually get shut down.

 

It doesn’t have to be as difficult as some tend to make it.

The first thing any company needs to do is look up the Federal Regulations.  Be careful buying copies of the regulations.  Owning a copy is a great thing for your business, but once that sales rep gets you on their list he’ll never stop bothering you.  They will call you every quarter and attempt to sell you a new copy.  it’s just not necessary.

Also as soon as you register for a USDOT number the sales calls are going to start coming in.  These callers are going to tell you that you are out of compliance and they are very convincing.  Some of them will try to convince you that they are the FMCSA and are auditing you.  I’ve seen these so called compliance people take a Non-CDL driver and make them start a Drug and Alcohol Program.  Come on, anyone who knows the rules especially 49 CFR Parts 40 and 382 knows this is a BIG No-No!

When seeking assistance with the DOT Laws be careful.  You can always use your state and federal office as a resource.  Heck, you could even call us and we’ll get you a safe resource in your area or we will be your safe reliable resource.  Our #1 goal is safety and compliance for our clients and the public.  So if that means giving you a little information we will..

If you are seeking assistance try to stay local.  Laws are different in every state.  I wouldn’t dare try to build a compliance package for a carrier on the east coast or Midwest states because it is just too difficult.  I know the federal regulations are the same everywhere but many local and state laws can change many things.  So staying local is important.

Also consider who your working with.  Ask to see a resume.  If they don’t have one, then they are not worth your time.  A consultant may need to represent you in court or for an audit/CSA investigation as an expert and a resume is necessary.  If all the representative can say is, “I been doing this for 30 years and I was a state trooper 40 years ago”.  Then this representative is probably not a good choice for your business.

For example, if someone asked me for a resume I would provide one.  It is so important.  We even have our resumes here on this site www.thedotinspector.com/ryans-resume. Take a look at this.  It is absolutely vital that you know our qualifications.

 

My best advise is hang in there and keep up the good fight and do what you can to comply.

If you would like to know what your standing with the DOT Laws then give us a call.  Our Compliance Assessment will allow you to see exactly what is needed to avoid future problems with the DOT Officials.

 

The DOT Inspector
Your #1 Choice for DOT Safety and Compliance

Ryan Byers – Consultant

Cell – (720) 951-1184
Email – ryan@frontrangecompliance.com
Visit us on  Facebook at www.TheDOTInspector.com/Facebook

 

New Entrant Safety Audit – The Shocking Truth

 

 

 

Is it possible to fail a Safety Audit?  YES it is and its happening everywhere.

In 2002 The New Entrant Safety Assurance Program (Safety Audits) was booming.  It became a mandatory audit that any carrier who either obtained a new USDOT Number or updated the status on an existing USDOT Number.   A safety audit was supposed to be an educational based audit designed to allowed either a state or federal official to review every company for DOT Compliance.

The audit focused on all the safety administrative procedures.  Officers would spend around four hours explaining the rules to the carrier and providing forms that could used for future compliance.

When these audits started they were simple.  Not a big deal and very rarely did anyone fail.  No, in fact the audit was geared for all carriers to pass.

Like everything with the feds the rules become harder and more difficult.  In 2010 the safety audit system changed.  They never thought it was going to be a big deal.  They were wrong.  The new system is now holding carriers responsible, which can be good and bad.  It pushes the question, You started in business when? and You are still non-compliant?  WHY?  The system fails any carrier who does know the rules.

Is this a big deal? Yes, because if your business fails a Safety Audit then you have 60 days to fix it.  If you don’t satisfy all the requirements then your company will be placed under a Federal OUT-OF-SERVICE Order.  They all your time, energy and money will be wasted.

 

FACT – Right Now Over 60% of the Carriers are Failing the New Entrant Safety Audit

Last week I was speaking with some of my contacts inside the Colorado State Patrol, MCSAP office here in Golden, Colorado.  We spoke about the safety audit program and I was given a bit of disturbing yet interesting information.

What I found out was, with today’s standard New Entrant Safety Audit, there is a greater than 60% Failure Rate for companies in start up.  This means all the companies getting started are struggling with the DOT requirements.  The government is stepping in and giving them 60 days to fix it.  Or they get shut down with a Out-of-Service Order.  This is a scary situation for your new company that you have invested in building. How much time, energy, and money do you have invested?

Currently, with the CSA Model and Safety Audit Structure companies large and small have a huge target on them.  It’s called COMPLIANCE.

 

Is there a Solution?

YES, It called you need to be PREPARED.  If you are not ready and you have not taken responsibility for ALL the DOT administrative procedures then I guarantee you’re operating in NON-Compliance and you are at risk.  If you don’t take the right steps Right Now then you could be facing a possible SHUT DOWN.  Since when is SHUT DOWN an option?

 

A simple question for you. When it’s time to do your taxes who do you hire?

An accountant right?  And Why? Because if you mess up on your taxes your business will be shut down.

 

A second simple question. When its time to become DOT Compliant who do you hire?

The DOT Inspector LLC

Yes, that’s right.  Call us to day and schedule your FREE Compliance Assessment.

 

Don’t become one of the 60%ers Call Today

 

Check out out individual resumes in the About Us tab or click here: http://thedotinspector.com/about-us/ryans-resume/

Your Next Step is to Call Us now at (720) 951-1184 and Schedule your Compliance Assessment.  We’ll show you how your company is doing when it comes to compliance.
The DOT Inspector
Your #1 Choice for DOT Safety and Compliance

 

Ryan Byers – Consultant

Cell – (720) 951-1184
Email – ryan@frontrangecompliance.com
Visit us on  Facebook at www.TheDOTInspector.com/Facebook

 

 

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