ENTRY LEVEL TRAINING

GUIDE FOR DRIVERS

DRIVERS RESPONSIBILITY TO COMPLY WITH SAFETY REGULATIONS

SAFE OPERATING RULES

Every driver is responsible for the safe operation of commercial motor vehicles. Every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated. However, if a regulation of the Federal Motor Carrier Safety Administration imposes a higher standard of care than that law, ordinance or regulation, the Federal Motor Carrier Safety Administration regulation must be complied with.

ILL or FATIGUED OPERATOR

No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver's ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle. However, in a case of grave emergency where the hazard to occupants of the commercial motor vehicle or other users of the highway would be increased by compliance with this section, the driver may continue to operate the commercial motor vehicle to the nearest place at which that hazard is removed.

DRUGS and OTHER SUBSTANCES

No driver shall be on duty and possess, be under the influence of, or use, any of the following drugs or other substances:

(1) Any 21 CFR 1308.11 Schedule I substance;

(2) An amphetamine or any formulation thereof (including, but not limited, to “pep pills,” and

“bennies”);

(3) A narcotic drug or any derivative thereof; or

(4) Any other substance, to a degree which renders the driver incapable of safely operating a motor vehicle.

(b) No motor carrier shall require or permit a driver to violate paragraph (a) of this section.

(c) Paragraphs (a) (2), (3), and (4) do not apply to the possession or use of a substance administered to a driver by or under the instructions of a licensed medical practitioner, as defined in §382.107 of this subchapter, who has advised the driver that the substance will not affect the driver's ability to safely operate a motor vehicle. ALCOHOL PROHIBITION

No driver shall—

Use alcohol, as defined in §382.107 of this subchapter, or be under the influence of alcohol, within 4 hours before going on duty or operating, or having physical control of, a commercial motor vehicle; or

Use alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle; or

Be on duty or operate a commercial motor vehicle while the driver possesses wine of not less than one-half of one per centum of alcohol by volume, beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954, or distilled spirits as defined in section 5002(a)(8), of such Code. However, this does not apply to possession of wine, beer, or distilled spirits which are:

• Manifested and transported as part of a shipment; or

• Possessed or used by bus passengers.

No motor carrier shall require or permit a driver to—

• Violate any provision of paragraph (a) of this section; or

• Be on duty or operate a commercial motor vehicle if, by the driver's general appearance or conduct or by other substantiating evidence, the driver appears to have used alcohol within the preceding four hours. Any driver who is found to be in violation of the provisions of paragraph (a) or (b) of this section shall be placed out-of-service immediately for a period of 24 hours. The 24-hour out-of-service period will commence upon issuance of an out-of-service order. No driver shall violate the terms of an out-of-service order issued under this section. Any driver who is issued an out-of-service order under this section shall:

• Report such issuance to his/her employer within 24 hours; and

• Report such issuance to a State official, designated by the State which issued his/her driver's license, within 30 days unless the driver chooses to request a review of the order. In this case, the driver shall report the order to the State official within 30 days of an affirmation of the order by either the Division Administrator or State Director for the geographical area or the Administrator.

•

SCHEDULES TO CONFORM WITH SPEED LIMITS

No motor carrier shall schedule a run nor permit nor require the operation of any commercial motor vehicle between points in such period of time that would necessitate the commercial motor vehicle being operated at speeds greater than those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated. RAILROAD GRADE CROSSING

Every commercial motor vehicle shall, upon approaching a railroad grade crossing, be driven at a rate of speed which will permit the driver of the commercial motor vehicle to ascertain that the course is clear.

HAZARDOUS CONDITIONS EXTREME CAUTION

Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. Whenever compliance with the foregoing provisions of this rule increases hazard to passengers, the commercial motor vehicle may be operated to the nearest point at which the safety of passengers is assured.

HOURS OF SERVICE REGULATIONS

On Duty Time

On-duty time: means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work.

On-duty time shall include:

(1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;

(1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;

(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time.

(3) All driving time as defined in the term driving time

• Driving time means all time spent at the driving controls of a commercial motor vehicle in operation.

(4) All time in or on a commercial motor vehicle,

(5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded;

(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;

(7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, to comply with the random, reasonable suspicion, post- crash, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier;

Maximum Driving Time

No motor carrier shall permit or require any driver used by it to drive a property carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, unless the driver complies with the following requirements:

10 HOUR RULE

Start of work shift. A driver may not drive without first taking 10 consecutive hours off duty. 14 HOUR RULE

A driver may drive only during a period of 14 consecutive hours after coming on duty following 10 consecutive hours off duty. The driver may not drive after the end of the 14- consecutive-hour period without first taking 10 consecutive hours off duty. 11 HOUR RULE

Driving time. A driver may drive a total of 11 hours during the 14-hour period. 8 HOUR REST BREAK RULE

Rest Breaks. Driving is not permitted if more than 8 hours have passed since the end of the driver's last off-duty or sleeper-berth period of at least 30 minutes. Except for drivers who qualify for either of the short-haul exceptions.

70 HOUR RULE

No motor carrier shall permit or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, for any period after having been on duty 70 hours in any period of 8 consecutive days. A driver may not take an off-duty period to restart the calculation of 70 hours in 8 consecutive days until 168 or more consecutive hours have passed since the beginning of the last such off- duty period.

When a driver takes more than one off-duty period of 34 or more consecutive hours within a period of 168 consecutive hours, he or she must indicate in the Remarks section of the record of duty status which such off-duty period is being used to restart the calculation of 70 hours in 8 consecutive days.

ELD

Electronic Logging Devices

The ELD Rule applies to motor carriers and drivers who are currently required to maintain records of duty status (RODS), unless they qualify for one of the exceptions to the ELD rule. Motor Carrier Responsibilities

In-vehicle information. A motor carrier must ensure that its drivers possess onboard a commercial motor vehicle an ELD information packet containing the following items:

(1) A user's manual for the driver describing how to operate the ELD;

(2) An instruction sheet for the driver describing the data transfer mechanisms supported by the ELD and step-by-step instructions for the driver to produce and transfer the driver's hours-of-service records to an authorized safety official;

(3) An instruction sheet for the driver describing ELD malfunction reporting requirements and recordkeeping procedures during ELD malfunctions; and

(4) A supply of blank driver's records of duty status graph-grids sufficient to record the driver's duty status and other related information for a minimum of 8 days. ELD Rule Exceptions

The following are not required to use ELDs (but carriers may choose to use ELDs even if they are not required):

• Drivers who use paper logs no more than 8 days during any 30-day period.

• Driveaway-towaway drivers (were the vehicle driven is the commodity) or the vehicle being transported is a motor home or a recreation vehicle trailer (at least one set of wheels of the vehicle being transported must be on the surface while being transported)

• Drivers of vehicles manufactured before model year 2000. Supporting Documents

The ELD Rule streamlines record keeping, but still requires drivers and carriers to retain supporting documents (in paper or digital format) to verify HOS compliance. Drivers must submit all their supporting documents to their motor carriers, and motor carriers must retain not more than eight supporting documents for each 24-hour period that a driver is on duty.

Drivers must submit their RODS and supporting documents to the motor carrier no later than 13 days after receiving them.

Five Categories of Documents

• Bills of lading, itineraries, schedules, or equivalent documents that show the starting and ending location for each trip;

• Dispatch records, trip records, or equivalent documents;

• Expense receipts (meals, lodging, fuel, etc.);

• Fleet management system communication records;

• Payroll records, settlement sheets, or equivalent documents showing payment to a driver.

• Drivers using paper RODS must also keep toll receipts – which don’t count toward the eight- document cap.

Required Information

Each supporting document must contain the following information:

• Driver name (or a carrier-assigned identification number) on the document or on another document that allows the carrier to link the first document to the driver. The vehicle unit number can be used, if that number can be linked to the driver.

• Date.

• Location (including the name of the nearest city, town, or village).

• Time.

If a driver has fewer than eight documents with all four information elements, a document that does not include time can also serve as a supporting document. Editing and Annotating Records of Duty Status

Limited editing is allowed to correct mistakes, enter missing information, and provide notes or explanations (annotation) for ELD records. Driving time and other information that is automatically captured cannot be edited.

Driver edits must be accompanied by an annotation. The ELD prompts the driver to annotate edits.

A carrier can suggest or request edits for accuracy – but the driver must confirm these changes, and then recertify and resubmit the RODS. All edits, whether made by the driver, or suggested by the carrier, must be annotated

(include notes to explain the reason for the change). Driver Certification of RODS

The driver must certify each RODS. A driver must certify any edits he/she makes; and should certify carrier edits if they are accurate. Certification is intended to protect drivers from unilateral changes to the RODS.

Carrier Retention of ELD Information

Carriers must retain original ELD information (on the device, or on a separate back-up system) for at least six months, along with the associated required supporting documents. Paper copies of documents do not need to be retained if they have been scanned. Carriers must ensure ELD information is stored with appropriate security, to protect driver privacy. Carriers must also provide drivers with access to the records, on request, for a period of six months. Displaying and Transferring Data

Starting on the compliance date, enforcement officials may request access to RODS through by data transfer.

An ELD must be able to either:

• Transmit data using wireless Web services and email, or

• Transfer data locally using a thumb or flash drive (USB2.0) and Bluetooth®. Malfunctions and compliance alerts chart

Alert When does it occur?

Data Recording

Compliance

Malfunction

Occurs when an ELD can no longer record or retain required data or retrieve recorded logs.

Missing Required

Data Elements Data

Diagnostic

Occurs when any required data element is missing at the time of its recording.

Power Data Diagnostic Occurs when an ELD is not powered and fully functional within one minute of the vehicle engine power up, and the ELD does not remain powered while the vehicle engine is powered. Power Compliance

Malfunction

Occurs when the ELD is not powered on while the vehicle is in motion for longer than 30 minutes during the 24-hour period. ECM data or ECM connectivity data must be captured when the engine is powered, but the ELD is not prohibited from recording information when the engine is off.

Engine

Synchronization Data

Diagnostic

Occurs when an ELD loses connection to the ECM and cannot obtain any required data sources (engine power, vehicle motion, miles driven, and engine hours) and their updated values within 5 seconds.

Engine

Synchronization

Compliance

Malfunction

Occurs when an ELD loses connection to the ECM and cannot obtain any required data sources (engine power, vehicle motion, miles driven, and engine hours) for more than 30 minutes during a 24-hour period.

Note: When the engine is not powered, the ELD does not have to capture data. The 30 minutes verifies that additional miles and movement has not taken place in the 24-hour period. The ECM data or ECM connectivity data must only be captured when the engine is powered, but the ELD is not prohibited from recording information, if desired, when the engine is off. Timing Compliance

Malfunction

Occurs when the ELD time is not properly synchronized with Coordinated Universal Time (UTC), so that the time is inaccurate by 10 minutes or more at any time.

Positioning

Compliance

Malfunction

Occurs when an ELD doesn’t acquire a valid position measurement within 5 miles of the vehicle’s movement during a cumulative 60-minute or greater period over 24 hours. Note: If this malfunction is due to a change in driver duty status, the ELD will prompt the driver to enter a location. If the driver does not enter the location, and the vehicle is moving, the ELD will record a “missing required data element” diagnostic event for the driver.

Unidentified Driving

Records Data

Diagnostic

Occurs when an unidentified driver record has been recorded on the ELD for more than 30 minutes of driving in a 24-hour period.

DRIVER VEHICLE INSPECTION POLICY

DRIVER VEHICLE INSPECTIONS REQUIREMENTS

The Federal Motor Carrier Safety Administration Regulations require that every carrier require its drivers to perform a daily pre-trip inspection prior to operating a commercial motor vehicle on a public highway. Drivers are also required to perform a post trip inspection and the end of their shift. FMCSA regulations require that a written Driver Vehicle Inspection be completed noting defects or no discovered during the pre-trip or post trip inspection.

NOTICE: Our policy requires all drivers complete a Driver Vehicle Inspection Report (DVIR) regardless if a defect is discovered or not. When a driver is either unsure or believes, a discovered defect may affect the safe operation of the vehicle he/she shall contact his/her operations manager immediately.

If required a qualified mechanic shall make the determination if repairs are necessary or are not necessary for the safe operation of the vehicle. All no time shall any vehicle operated in behalf of our company be operated in such a condition as to likely cause an accident or a breakdown of the vehicle. DRIVER VEHICLE INSPECTION

Any motor vehicle operated by in behalf of our company, including company owned, term leased, or trip leased, shall not be driven unless the driver is satisfied that the vehicle is in good working order. This will be accomplished by performing a pre-trip inspection prior to operating the vehicle. The driver shall also perform a post trip inspection at the end of his/her day identifying any abnormalities observed while operating the vehicle. Drivers shall prepare a written report documenting any defects discovered before each operating a commercial motor vehicle and report to the safety department or maintenance of any defects that you discover. Drivers shall review the previous days DVIR to determine if the previous driver cited any defects that need to be verified as completed. The reviewing driver shall sign the previous days DVIR certifying the cited defects have been repaired. Report any defects to the maintenance to determine if repairs are required for safe operation and/or take corrective action. They must include, at a minimum the following parts and accessories:

Parking Brake Service Brake Systems

Lighting devices and reflectors Steering Mechanism Horn Tires/Wheels/Lugs

Rear-vision mirror or mirrors Windshield Wipers

Emergency Equipment Spare Fuses

Current Annual Inspection Turn Signals

Tail Lights Excessive Leaks

Emergency Equipment Fluid Levels

Electric Wiring Chaffing/Cracking/Exposed Load Securement Current Annual Inspection

Driver vehicle inspection procedures must be conducted on the type of commercial motor vehicle the driver will be operating. Using a Hand-Held Mobile Telephone

In 2014 and 2015 57% of all fatalities in the Unites States were the result of distracted driving. This includes texting and talking on a cell phone, even with a hands-free device. No driver shall use a hand-held mobile telephone while driving a CMV. No motor carrier shall allow or require its drivers to use a hand-held mobile telephone while driving a CMV. This includes, operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays.

Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.

Emergency Exception. Using a hand-held mobile telephone is permissible by drivers of a CMV when necessary to communicate with law enforcement officials or other emergency services.

Prohibition Against Texting

Prohibition. No driver shall engage in texting while driving. Motor carriers. No motor carrier shall allow or require its drivers to engage in texting while driving.

Definition. For the purpose of this section only, driving means operating a commercial motor vehicle, with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle with or without the motor running when the driver moved the vehicle to the side of, or off, a highway, as defined in 49 CFR 390.5, and halted in a location where the vehicle can safely remain stationary.

Emergency Exception. Texting while driving is permissible by drivers of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services.

Use of Seat Belts

Drivers. No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, that has a seat belt assembly installed at the driver's seat unless the driver is properly restrained by the seat belt assembly. Passengers. No driver shall operate a property-carrying commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a property-carrying commercial motor vehicle, that has seat belt assemblies installed at the seats for other occupants of the vehicle unless all other occupants are properly restrained by such seat belt assemblies.

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