“Can the DOT shut me down?”
There are various circumstances that lead to the issuance of an “Out of Service” (OOS) order by the DOT.
“New Applicants” must undergo a “DOT Safety Audit.” One client, a small contractor, missed his audit appointment because of an emergency. He was told by his auditor that he could reapply for a new number in 30 days. He was fortunate in that his truck was already parked on-site and he didn’t need to drive it for a month or so. In the first three months of 2010 over 44% of New Entrants failed their Safety Audit, said Anne Ferro, FMCSA Administrator, when she testified on April 28, 2010 to the Senate Subcommittee on Surface Transportation.
Since the introduction of the new CSA enforcement program, the DOT now conducts a streamlined audit called a ‘focused review’ and this modified audit may reduce a satisfactory rating to a conditional or an unsatisfactory rating. A motor carrier rated “unsatisfactory” is prohibited from operating a Commercial Motor Vehicle. This applies to (interstate) passenger carriers (16 passengers+driver), carriers of hazardous materials (HM) in quantities requiring placarding that operate in interstate commerce, and all other motor carriers operating in interstate commerce.
Under § 385.13(d)(2)— If a motor carrier’s intrastate operations are declared out of service by a State, the FMCSA must issue an order placing out of service the carrier’s operations in interstate commerce. Likewise, some states apply a DOT’s interstate OOS order to intrastate operations.
To remedy the downgrade resulting in an OOS:
(1) take action to correct the deficiencies which led to the downgraded safety rating, then (2) make a request in writing (petition) for a review of rating to the FMCSA Service Center for the geographic area where the carrier maintains its principal place of business. Because there is a deadline, these actions need to be done immediately.
How do I display my US DOT Number on the Vehicle?
49 CFR, § 390.21— Marking of self-propelled CMVs (the “Marking Rule“) says:
A set of magnetic signs may be used in lieu of permanent lettering.
Is Reasonable Suspicion Training for Supervisors required?
We received an “urgent compliance notice” from Supervisor Compliance Training Department stating that it is mandatory to take a course in Drug & Alcohol Awareness Training … as a tiny little footnote at the bottom of the letter it states: If you are a single owner operator or you have had this training before, then you are not required to take the training.
From what I have seen so far in your book I do not think we have to do this as we do not have drivers with commercial drivers licenses, we only have one vehicle, only transport our own equipment, etc.
Can you confirm for me if this is something we need to get certified in or not? Thanks,
Organizations having no Commercial Driver License (CDL) drivers are not required to have the Supervisor’s Reasonable Suspicion Training.
A single owner operator of a CDL type vehicle (not employing another driver), is not required to have this training as he or she would be aware of his/her own drug/alcohol use.
A person who has had this training previously in their career is not required to have this training.
A person may not actually have the “job title” of Supervisor to be required to have this training. Training is required for at least one person in the organization who has the role of a supervisor, manager, etc., of a CDL type driver or drivers.
If you are enrolled in a DOT drug/alcohol testing program, your program provider may offer this training. Some professional or trade associations also offer this training. To learn more, please visit: http://www.part380.com/supervisorstraining.html
Your questions are most welcome and help us create a Learning Culture that reinforces learning.