Articles written by Tom Bray
FAQs answered by Tom Bray We have drivers that are not logging in for various reasons. Sometimes it is a non-driver doing a yard move, and other times it is a driver doing personal conveyance. How do we deal with the different types of unassigned driving time?
One key point about unassigned driving time is that the details related to why or how it was created are irrelevant. Once it has been created and it shows up in your back office the options are:
Assigning it to a specific driver, or
Attaching a comment to it explaining why it could not be assigned to a driver.
Do I have to have the correct ruleset on my ELD?
There are no regulations related to having or using rulesets on an electronic logging device (ELD). Rulesets are nothing other than the auditing mechanism used to alert the driver and company when a driver is going to go into violation, based on the rules the driver normally operates under. For all practical purposes, the driver or carrier can turn off all rule sets and let the device function strictly as a recorder. Is it a violation of the safety regulations if the “Jake Brake
®” on a truck is not working?
Engine brakes, which is what a Jake Brake is a type of, are not required or covered by the safety regulations, and are not considered to be part of the vehicle’s braking system (see Subpart C of Part 393 for the brake system requirements). Therefore, an engine brake that is not functioning is not a violation of any safety regulation. We received a violation during a roadside inspection for not having the fuel tank “marked.” What are the requirements and where can we get the required markings?
The regulations at §393.67 detail the markings that must be on a fuel tank. The regulation at 393.67(c)(11) requires that the tank be marked with its capacity and instructions to not exceed 95 percent of the capacity when filling, if the body of the tank is visible. These markings are normally provided by the tank manufacturer or the vehicle manufacturer. However, there is no rule that would prohibit you from getting such markings from an outside source. The tank must also have the manufacturer’s certification markings, as required in §393.67(f)(1) to (f)(4), which can only be provided by the tank manufacturer. If these are missing, you must contact the fuel tank or vehicle manufacturer. During a roadside inspection, we got a violations for §393.53B, an automatic slack adjuster violation. The trailer in question did have automatic slack adjusters. Should we challenge the violations in DataQs?
What the officer was writing a violation for was having an automatic slack adjuster that fails to compensate for wear, as that is what is normally written under §393.53B. In other words, this violation number normally involves an automatic slack adjuster that is not automatically adjusting. This violation is normally written when a brake with an automatic slack adjuster is found out of adjustment, along with the out-of-adjustment violation. If you look at the inspection report and see another violation listed for a brake out of adjustment, this is likely what the violation is all about. If this is the case, a DataQs challenge would not be likely to succeed. If we have a fleet made up of CDL and non-CDL CMVs (vehicles that are considered commercial vehicles and are regulated, but do not require a CDL to operate), are the inspections, violations, and crashes involving the non-CDL vehicle scored in CSA?
Yes. CSA data and scores include any roadside inspections and DOT-recordable accidents involving a commercial vehicle meeting the definition of a commercial vehicle in §390.5, which includes vehicles:
With an actual or rated weight of 10,001 pounds or more;
That are designed to seat more than 8 or 15 (depending on compensation); and
That are placarded for hazardous materials, regardless of weight.
We only hire drivers that have their CDL already, but we do “finishing training” with them. Are we going to be impacted by the changes in the entry-level driver training rules?
Yes you are, but in this situation, the rule change works in your favor. Starting February 7, 2020, you will not have to worry about verifying that someone has provided the driver with entry-level training by getting an entry-level driver training certificate. The new entry-level driver training rules require drivers getting their initial CDLs to complete training at an entity that is on the training provider registry before taking the CDL test. If all you do is “finishing training” for drivers that already have their CDL, you will have no obligations under the new rules.
Products written by Tom Bray
Transportation Safety Management Today
Everyday Vehicle Maintenance Management