McCraren Compliance Newsletter

7/29/2019 McCraren Compliance Newsletter

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copy of each CDLholders medicalcard in the driverqualification fileand drivers who

possess a CDL willno longer berequired to carry acopy of thedocument.

To verify a driversmedical qualifica-tion status, employ-ers will instead haveto obtain a copy of

the drivers motor vehiclerecord (MVR) before al-lowing the driver to drive acommercial motor vehicle(CMV) in interstate com-merce.

This issue has been asource of concern formotor carriers for tworeasons. First, states are

not addressing the issue inexactly the same way.Second, because the CDLbelongs to the driver, themotor carrier in manycases is left out when itcomes to notification and/or instruction on how tocomply.

Generally, drivers are ex-pected to provide themedical examiners certifi-cate when completing theself-certification form,

renewing their CDL, orapplying for an initial CDL.Drivers who will not berenewing their CDL beforeJanuary 30, 2014, will beexpected to provide themedical examiners certifi-cate before that date.

Again, each state has vary-ing policies and procedures

when it comes to submit-ting this information. Driv-ers need to follow the pro-cedures as outlined by theirstate of license.

This article addresses sever-al questions you may haveregarding the merger of theCDL and medical card.

Q: Several of my drivers

received a letter on what

looks like letterhead from

our state driver licensing

agency. The letter asks

the drivers for personal

information including

birthdate, license num-

ber, and the category of

CDL/MedicalCardMergerQuestionsCDL/Medical CardMerger Questions. 1

Safety Focus:Periodic and AnnualInspectionRequirements .. 3

Keep Your Joints inShape . 4

In the News 2

(continued on page 2)

September 2013 All rights reserved. J. J. Keller & Associates, Inc Volume 3, Issue 6

Inside this issue:

In December 2008, theFederal Motor Carrier Safe-ty Administration publisheda final rule, requiring statesto place each interstateCommercial DriversLicense (CDL) holdersmedical qualification statusinto the national commer-cial CDL database.

The regulation provided a

two year window, from Jan-uary 30, 2012, to January30, 2014, for states toobtain this information andplace it into the CDL data-base.

As of January 30, 2014,motor carriers will nolonger be required to keep a

At McCraren

Compliance,

Safety &

Compliance are

Nevera

Compromise.

Call Today to

Get Your Free

Transportation

Audit.

520.398.4697


2/4

commercial driving

they perform. Is this

legitimate?

A: By January 30, 2014, a

CDL holder needs to

supply two types of infor-mation to his/her state

driver licensing agency.

The first type of infor-

mation the driver must

provide is a self-

certification of the type of

commercial driving he/

she performs. The driver

will need to certify that

he/she operates underone of the following four

categories:

Interstate non-

excepted;

Excepted interstate;

Non-excepted intra-

state; and

Excepted intrastate.

The second type of infor-

mation is a current copyof his/her medical certifi-

cate (often called the

medical card).

The state driver licensing

agency will place this in-

formation, supplied by the

driver, into the CDL data

base.

Page 2 All rights reserved. J. J. Keller & Associates, Inc September 2013

If you are unsure of the

validity of the letter your

driver received, contact

your state driver licensing

agency, or verify the letter

via the agencys website.Q: Once a driver turns

in the self-certification

and a copy of his medi-

cal card, does he have to

continue to carry the

medical card?

A: Yes. Until the program

is fully implemented on

January 30, 2014, the driv-

er will still have to carry anoriginal or copy of the

medical examiners certifi-

cate and provide a copy to

his employer for the driver

qualification file.

Q: Turning in this certi-

fication and the medical

card seems like a lot of

busy work. Whats the

end result?

A: As of January 30, 2014,

drivers will no longer be

required to carry a medical

card and motor carriers

will no longer be required

to keep a copy in the driv-

ers qualification file.

All of this information will

be included on the drivers

driving record. Motor carri-

ers will have to obtain a

copy of the driving record

that includes the driverscurrent medical card status

and place this document in

the drivers qualification

file.

Q: Does the driver have

to fill out the self-

certification form every

time he gets a new medi-

cal card?

A: No. The new medicalcard must be turned in each

time the driver gets a new

card, but the self-

certification is only turned

in under certain circum-

stances, including when a

driver:

Applies for a CDL;

Renews a CDL; Applies for a higher class

of CDL;

Applies for a new en-

dorsement on a CDL; or

Transfers a CDL from

another state.

PeriodicandAnnualInspectionRequirements,continuedQ: What if a CDL holder

does not have to renew

his license before January

30, 2014?

A: The driver is responsible

for providing the self-certification of operating

status and a copy of his/her

medical certificate to his/

her state licensing agency

prior to January 30, 2014.

The driver will need to con-

tact his/her state licensing

agency for direction on how

to address this issue.

Q: How do these require-ments affect non-CDL

holders who operate com-

mercial motor vehicles

(meaning those who op-

erate vehicles between

10,001 and 26,000

pounds)?

A: Non-CDL holders are

not affected by these re-

quirements. They will berequired to continue to

carry a copy of their medical

exam card and another copy

will continue to be main-

tained by their employers in

their driver qualification

files.

First, the announcement:The court involved in thehours-of-service legalchallenge has issued itsdecision (as of August 2,2013). In its decision thecourt ruled that the ma-jority of the July 1, 2013,

changes to the hours-of-service regulations canstand unchanged. Theonly change the court hasordered has to do withshort-haul drivers.According to the courtsdecision, the 30-minute

Inthe

News:

Court

Issues

Decision

on

Hours

of

Service

break requirement cannotbe applied to these drivers.

The FMCSA has alreadycome out with a policystatement clarifying who ashort-haul driver is andstating that they will not beenforcing the 30-minute

break requirement on thesedrivers. A short-haul driv-er in this context is a driv-er that is operating undereither the 100 air-mile or150 air-mile exceptionfound at 395.1(e) in theregulations.


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September 2013 All rights reserved. J. J. Keller & Associates, Inc Page 3

SafetyFocus:PeriodicandAnnualInspectionRequirements

This months

safety focus

looks at the

periodic/annual

inspection

requirements

in Part 396

of the Feder-

al Motor

Carrier

Safety Regulations (FMCSRs).

QuestionsandAnswersQ:How can our company meet the annual inspec-

tion requirements?

A: Commercial motor vehicles operating in interstate or

foreign commerce must pass an inspection at least

annually.

The inspection requirements may be met through peri-

odic inspection programs administered by the states, or

by a self-inspection, a roadside inspection, or an inspec-

tion performed by a commercial garage or similar com-

mercial business, so long as the inspection complies withfederal or compatible state standards. Commercial mo-

tor vehicles operating in intrastate commerce may also

be subject to annual inspection requirements. Consult

state regulations for specific details.

Q:Who is qualified to conduct a self-inspection?

A:A self-inspection must be conducted by a qualified

inspector, whether the inspector works directly for the

carrier or a third party, such as a truck stop, repair shop,

or an inspection business.The individual conducting the inspection must under-

stand the inspection criteria in Part 393 and Appendix G

of the FMCSRs and must be able to identify defective

components.

He/she must be knowledgeable of and have mastered

the methods, procedures, tools, and equipment used

when performing the inspection.

The inspector must have a combination of training

and/or experience totaling at least one year.

Evidence of the inspectors qualifications must be

documented.

Q: Do we need to document the inspection, and if

so how?

A: Yes, the inspection must be documented. The

inspector performing the inspection must prepare a

report which identifies the:

Name of the individual performing the inspection;

Motor carrier operating the vehicle;

Date of the inspection; Vehicle inspected; and

Components inspected.

A statement certifying the accuracy and completeness

of the inspection must be included.

The inspection report must be retained where the

vehicle is housed or maintained for 14 months and a

copy of the inspection report must be kept in the

vehicle.

Q: Can we use a decal to document theinspection?

A: A decal may be placed on the vehicle. The decal

must include:

The date of inspection;

Name and address of your company or other

entity (for example, commercial garage) where the

inspection report is maintained;

Information uniquely identifying the vehicle

inspected if not clearly marked on the motorvehicle; and

A certification that the vehicle has passed an

inspection in accordance with Sec. 396.17.

Though the decal replaces the inspection report on the

vehicle, the inspection report must continue to be

retained where the vehicle is housed or maintained for

14 months as discussed earlier.


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Page 4 All rights reserved. J. J. Keller & Associates, Inc September 2013

KeepYourJointsinShape

It has ever

been my

experience

that folks who

have no vices

have very

few virtues.

Abraham Lincoln,16th U.S.

president

For joints to stayhealthy, they need to

move.

moving your joints keepstendons and ligaments

limber.

Choose the right exercis-

es. Put some variety into

your exercise routine to

strengthen different muscle

groups. If your joints both-

er you, try swimming and

bicycling, which allow you

to exercise without jarringyour joints. Also, talk to

your doctor about other

exercises that take it easy

on the joints.

Warm up. Before a

workout, warm up with

some easy aerobic exercise

such as running at a slower

pace or cycling in a lower

gear. This gets your bodyready for more intense

activity. Then, do a few

stretches to help prevent

injury. If parts of your body

have been previously in-

jured, spend extra time

warming up those areas.

You might not give yourjoints a second thought

until they make their pres-

ence known with a twinge

of pain or a bout of stiff-

ness. Whether your joints

are feeling out of sorts or

are working just fine, its

important to take steps to

keep them in the best

shape possible. Practicinggood lifestyle habits will

promote good joint health

and can also prevent

further damage.

To keep your joints in

peak shape:

Dont sit still. For

joints to stay healthy,

they need to move.

Sitting for long periodsof time prevents the

synovial fluid inside the

joints from circulating,

and results in joints feel-

ing creaky and stiff. By

contrast, regular activity

strengthens the muscles

around the joints, and

Maintain a healthyweight. Excess weight puts

stress on your joints, and

could be a risk factor for

developing arthritis. Losing

a pound of weight can take

several pounds of stress off

your knees.

Eat a balanced diet.

Choose fruits, vegetables,

whole grains, lean meats,and dairy products with

little or no fat. This will

help your weight stay at a

healthy level.

Know your limits. If

youre new to exercise,

dont overdo it. Start slow-

ly, and build strength and

endurance. Avoid intense,

strenuous exercise on con-secutive days; vary your

workout and let your body

recover. If a joint begins to

hurt while youre exercising,

dont push through the

pain. Take it easy and check

with your doctor for exer-

cises that are right for you.

Our Mission:

To exceed the expectations of our clients by providing

quality safety compliance and regulatory programs for all

of our services.Phone: 520-398-4697

Fax: 888-666-1637

E-mail: [email protected]

Portions 2013 J. J. Keller & Associates, Inc.

Portions 2013 McCraren Compliance For theinternal use of McCraren Companies and its clients

Check out our website! www.mccrarencompliance.com.com

2601 N. Campbell Ave. # 103

Tuscon, AZ 85719

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