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In this issue:

  • National Work Zone Awareness Week April 11-15th
  • FMCSA Deletes Requirement for Drivers to Submit Annual Record of Violations (Certification of Violations)
  • CVSA Schedules Roadcheck for May 17th-19th

DISTRACTED DRIVING AWARENESS MONTH

  • Perfect time for motor carriers to reinforce the dangers of distracted driving and the rules and regulations enforced by the FMCSA

According to rules, CMV drivers are prohibited from:

  • Texting or using hand-held mobile phones while operating their vehicles, including entering OR reading a text
  • The rule also prohibits unsafely reaching for a device, holding a mobile phone or pressing multiple buttons
  • Violations can result in fines and/or disqualifications that will impact a motor carrier's and/or driver's SMS (Safety Management System) results

The rules impose sanctions for driver offenses, including civil penalties up to $2,750 and disqualification for multiple offenses. Motor carriers are also prohibited from requiring or allowing their drivers to text or use a hand-held mobile phone while driving and may be subject to civil penalties up to $11,000. Violations will impact SMS results.

NO REACHING!

NO HOLDING!

NO DIALING!

NO TEXTING!

NO READING!

 BANNING DISTRACTED DRIVING: AN EMPLOYER'S GUIDE TO PROTECT EMPLOYEES AND LIABILITY

  • Implement a clear policy indicating that the employer does not require employees to answer calls while they are on the road. This includes the employer placing calls to employees while they are driving.
  • Encourage your employees to plan their trips to include stops so they can safely return calls and emails.
  • Establish a company policy that makes it unnecessary for employees to text while driving to fulfill their job duties.
  • Eliminate any incentives that may encourage employees to text/talk while operating a vehicle.
  • Communicate your state's regulations and associated fines to employees.
  • Encourage employees to sign an anti-distracted driving pledge.
  • Designate company vehicles as "distraction-free zones."

https://www.enddd.org/ is a great resource for additional information on distracted driving


NATIONAL WORK ZONE AWARENESS WEEK (APRIL 11-15, 2022) - VISIT https://www.nwzaw.org/


FMCSA DELETES REQUIREMENT FOR DRIVERS TO SUBMIT ANNUAL RECORD OF VIOLATIONS (CERTIFICATION OF VIOLATIONS)


For Interstate carriers, the Federal Motor Carrier Safety Administration has issued a final rule eliminating the requirement that drivers operating commercial motor vehicles in interstate commerce prepare and submit a list of their convictions for traffic violations to their employers annually. 

  • This requirement largely duplicates a separate rule that requires each motor carrier to make an annual inquiry to obtain the motor vehicle record for each driver it employs from every State in which the driver holds or has held a CMV operator’s license or permit in the past year.
  • The change in the requirements becomes effective May 9, 2022.  
  • For a driver who is licensed by a foreign authority rather than by a State, the FMCSA amended the regulations to provide that motor carriers must make an annual inquiry to each driver’s licensing authority where a driver holds or has held a CMV operator’s license or permit.
  • At least every 12 months, the motor carrier must review the driving record of each driver, including compliance with the Federal Motor Carrier Safety Regulations and the Hazardous Materials Regulations. This means doing the review on or before the same date next year.
  • As of May 9, 2022, FMCSA has removed the requirement that the driver certifies a list of convictions for the prior 12 months. 
    • So all you will need to do is pull the MVR, review it, and complete the review certification for the driver’s qualification file.
    • You may use third-party companies to do the MVR checks. 
    • You can pull the MVR yourself or you can have the driver obtain his or her own MVR, which is often the easiest way to comply.  
    • Attention should be given to any accidents and indications of violations of motor vehicle laws and regulations, especially violations indicating a disregard for the safety of the public, such as speeding or operating a vehicle while under the influence of alcohol or drugs.
    • A written record, including the date and the name of the person who reviewed the driving record, must be placed in the driver’s qualification file.
    • This review must be maintained in the driver qualification file for three years after the carrier certification date.


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*The Idealease Safety Bulletin is provided for Idealease locations and their customers and is not to be construed as a complete or exhaustive source of compliance or safety information. The Idealease Safety Bulletin is advisory in nature and does not warrant, guarantee, or otherwise certify compliance with laws, regulations, requirements, or guidelines of any local, state, or Federal agency and/or governing body, or industry standards.