FAQs answered by Rick Malchow What is the definition of yard moves, e.g. a driver is on duty, backs in to hook to a trailer and then moves 300 yards to load his trailer; the driver moves less than 5 mph and less than 1 mile? The driver does not want to show driving time.
A Yard move is an off-highway movement as highway is defined in §390.5:
“Any road, street, or way, whether on public or private property, open to public travel. “Open to public travel” means that the road section is available, except during scheduled periods, extreme weather or emergency conditions, passable by four-wheel standard passenger cars, and open to the general public for use without restrictive gates, prohibitive signs, or regulation…”
When operating off-highway and using the special category yard move, the device will record the movement as on-duty not driving.
As described, if not off-highway, the movement is technically considered driving regardless of whether the ELD is calibrated to record it as such or not. There is no distance allowance in the technical standards. The mandate requires that the device records movement as driving no later than 5 m.p.h. Driving in §395.2 is defined as, “all time spent at the driving controls of a commercial motor vehicle in operation.” We have a load going to California with the steer over by 300lbs (12,300). We are informing our driver by our research the maximum weight on the steer in California is 12,500. How can we be sure?
California allows up to 20,000 pounds per axle, however the maximum weight on the steer axle is limited by the load limit set by the tire manufacturer. If both steer tires are rated at 6,250 pounds, the 12,500 pounds could be on the steers. If on a trailer and using a sliding 5th wheel, sliding back one notch would bring the steers close to 12,000 pounds (rescale to verify). What are the procedures for terminating a lease with an owner?
There following are the Federal regulations regarding the terming of a lease:
§376.11(e), “The lease shall clearly specify which party is responsible for removing identification devices from the equipment upon the termination of the lease and when and how these devices, other than those painted directly on the equipment, will be returned to the carrier. The lease shall clearly specify the manner in which a receipt will be given to the authorized carrier by the equipment owner when the latter retakes possession of the equipment upon termination of the lease agreement, if a receipt is required at all by the lease.
§376.11(f), “In addition, the lease may provide that, upon termination of the lease agreement, as a condition precedent to payment, the lessor shall remove all identification devices of the authorized carrier and, except in the case of identification painted directly on equipment, return them to the carrier. If the identification device has been lost or stolen, a letter certifying its removal will satisfy this requirement. Until this requirement is complied with, the carrier may withhold final payment.”
§376.11(k)(6), “The conditions the lessor must fulfill in order to have the escrow fund returned. At the time of the return of the escrow fund, the authorized carrier may deduct monies for those obligations incurred by the lessor which have been previously specified in the lease and shall provide a final accounting to the lessor of all such final deductions made to the escrow fund. The lease shall further specify that in no event shall the escrow fund be returned later than 45 days from the date of termination.”
Other considerations are adhered to as spelled out in the lease.
Can two corporate entities with different FEINs operate under one USDOT number? Or must each FEIN have its own USDOT number?
The USDOT number has a one to one relationship to the FEIN. They cannot be shared by multiple entities any more than an FEIN can be shared – even if the entities are related, e.g. sister or parent-child corporations.
USDOT numbers are used to track compliance to an individual carrier. As such, the USDOT number must be unique to the entity. We are a company registered as an interstate hazmat carrier. If I changed my registration to intrastate would they benefit me any as far as being under as much scrutiny at the federal level?
The primary difference is that the state would be responsible to conduct any audits or investigations rather than the FMCSA. Roadside inspection data would still be collected. The operation still needs to be registered with PHMSA, adhere to the Hazardous Material Regulations (HMRs) and the Federal Motor Carrier Safety Regulations (FMCSRs) – or state equivalent. The operation would then be prohibited from accepting any work outside of the state of domicile or engage in any interstate movements, e.g. last or first mile movements that originated or are bound out of state.
Products written by Rick Malchow