DOT Consultants and Workshops around the USA . . .

In June’s blog, we mentioned DOT consultant Eric Arnold, of Arnold Safety Consulting. Eric helps to mitigate DOT fines.

Attending a local workshop or training session is a good investment to stay current, reduce DOT fines and increase understanding. As Sidney Powell warns in her new book, Licensed to Lie, the government is capable of occasionally stepping outside its bounds.

Here is information on three more DOT consultants, who are former state or federal DOT agents — from around the USA:

Samuel Mayfield runs Academic Carrier Education Services, LLC (ACES), based out of Scottsdale, AZ . His background includes having inspected commercial motor vehicles as part of roadside enforcement and audit sampling; he served on the AZ DPS Data Q Board as a voting member reviewing challenges to roadside inspections; and he instructed law enforcement officers on roadside inspections for the State of Arizona.

ACES offers classes in DOT Regulations in Scottsdale, Flagstaff, and Tucson, AZ.

Mike England, a former federal DOT agent, started DOT Compliance Help, Inc., specializing in the Federal Motor Carrier Safety Regulations (FMCSRs) and CSA, offers a 3-Day DOT Compliance Conference around the nation. Some upcoming conferences will include Dallas, Las Vegas, Houston, and in the Chicago area.

Ray Florez, of Royalty Safety Services & DOT Consulting, is a a former Texas State Trooper and provides safety and compliance training, and workshops in the Odessa Texas area.

Contact Information for above vendors:

Samuel Mayfield, Phone (602) 730-ACES  http://www.academiccarriereducationservices.com/

Eric Arnold, Phone: (610) 582-4356, http://arnoldsafety.com/coin.html

Mike England, Phone (847) 836-6063,  http://dot-compliance-help.com/

Ray Florez, Phone (432) 653-1339, http://www.royaltysafety.com/

 

 

DOT Compliance Errors in the First Half of 2014

circle check

Some new major compliance mistakes in the first half of 2014 include:

(1.) Failure of interstate drivers to take a 30 minute break per Part 395.3.a.3.ii. The 30 minute break rule has been a requirement since July 1, 2013. A 30 minute break (logged on either: Line 1. Off-Duty, or Line 2. Sleeper Berth) is required for every 8 hours of duty.

(2.) Failure as of May 21, 2014 of interstate drivers to use an approved Certified Medical Examiner for a DOT Physical or Medical Exam.

(3.) Failure of interstate CDL drivers to self-certify their Medical Examination.

(4.) Failure by the carrier to verify and document in the driver’s qualification file that the driver’s medical examination was made by a Certified Medical Examiner per Parts 391.23(m) and 391.51(b)(9).

30 Minute Break Requirement

As of July 1, 2013, an interstate driver may drive only if 8 hours or less have passed since end of driver’s last off-duty or sleeper berth period of at least 30 minutes. This rules does not apply to drivers using either of the short-haul exceptions in 395.1(e). Other errors with this rule include:

  • Splitting the 30 minutes into two separate 15 minute breaks;
  • Not taking enough 30 minutes breaks. If you take your break early in the trip, you may need another one before the end of the trip;
  • Taking the break while On-duty Not Driving (Line 4 of the log).

Using an approved Medical Examiner 

As of May 21, 2014, all DOT Medical Examiners are required to be listed on the National Registry of Certified Medical Examiners (NRCME) in order for a proper Medical Examiner’s Certificate to be made.

All commercial drivers whose current medical certificate expires on or after May 21, 2014, at expiration of that certificate must be examined by a medical professional listed on the National Registry of Certified Medical Examiners.

Self-Certification

Interstate CDL holders must provide their State Drivers License Agency (SDLA) with a copy of their Medical Examiner’s Certificate. This change became effective on January 30, 2012, with full compliance due by January 30, 2014. Each state has its own guidelines on how to do this. Note: This process is not automatic. Failure to self-certify may result in suspension of CDL driving privileges, if the information on the driver’s Medical Examiner’s Certificate does not show up on the Commercial Driver’s License System (CDLIS) record when checked by law enforcement.

Verification and Documentation that the Medical Examiner is Listed

As of May 21, 2014, a carrier is required to verify and include a note to the driver’s Qualification File indicating the medical examiner is listed on the National Registry of Certified Medical Examiners or “National Registry,” for short. The note should include:

  • Driver’s Name and any ID#;
  • Name of the Medical Examiner and the examiner’s National Registry Number;
  • Name of the Motor Carrier and its location;
  • Signature and date of the Motor Carrier’s Representative who verified the information.

Go to the website of the National Registry and click on the “Advanced Search” link to verify the information.

Take Action Today . . .

Compliance does not happen by itself, but is a function of management, high standards and due diligence. Rule-based errors involve the failure to know the relevant rule or the misapplication of a good rule, or the application of a bad rule. If the copy of your Federal Motor Carrier Safety Regulations is over one year old, then it may already be obsolete and need to be replaced with a current copy. Please take the time to review your operations for these new violations and help your drivers to understand what they need to do to avoid possible future enforcement actions.

 

 

 

 

 

Most SC Social Security numbers Hacked

The South Carolina Department of Revenue announced on Friday, October 26, 2012 that it was hacked by an “international” hacker according to WYFF4 News.

The international hackers also gained access to 387,000 credit and debit card numbers.

If you have filed a South Carolina tax return since 1998 and want an online or US mail alert, then please call 1-866-578-5422.

For those taxpayers affected by the data breach, South Carolina is working with Experian; please call Experian toll-free at 1-877-371-7902 or visit: http://www.protectmyid.com/scdor/

 

 

What is a ‘Process Agent’ and who needs one?

What is a process agent?

A process agent is like having a “legal mailing address” in another state. The process agent is able to accept legal papers on your behalf and then forward the documents on to you. This saves your company the expense of establishing a “live” office in that state.

According to the DOT:

“A process agent is a representative upon whom court papers may be served in any proceeding brought against a motor carrier, broker, or freight forwarder. Every motor carrier (of property or passengers) shall make a designation for each State in which it is authorized to operate and for each State traversed during such operations. Brokers are required to list process agents in each state in which they have an office and in which they write contracts. FMCSA Regulation 49 CFR Part 366 details more about The Designation of Process Agents by Motor Carriers and Brokers.”

We are proudly affiliated with NATIONAL RESIDENT AGENT SERVICE, Inc., and serve as their Michigan agent, helping thousands of companies, ranging from mom and pops to some of the largest carriers in the United States and Canada.

National Resident Agent Service Inc.
1059 Harriman Court
West Chester, Pa. 19380

Toll Free: 1-800-441-7442
Fax: 610-363-6865

http://www.nationalresident.com/contactus.html

Who needs a Process Agent?

If you have a MC (motor carrier) number, or are a broker or freight forwarder, then you need a process agent. A process agent is required by the federal regulations. A process agent is needed in each state you operate or travel in. Many companies operating in the continental 48 states request “blanket” process agent service.

Who does not need a process agent?

If you are not doing business in other states (interstate operations), then you would not need a process agent. If you are a private motor carrier (not “for hire”), do not have “authority,” then you would not need a process agent.

If any in doubt, please give National Resident Agent Service Inc. a call at 1-800-441-7442 and it would be their pleasure to discuss your needs.

OSHA ALERT: More workplace visits in Region 4

OSHA Alert

Workforce Management magazine reported online on August 17 that OSHA will begin a new safety blitz starting August 20, 2012 in Region 4. Four states in particular are targeted: Alabama, Florida, Georgia and Mississippi.

In a August 16, 2012 press release, an OSHA spokesperson noted,  “Our compliance officers will conduct immediate inspections when they observe employees working from elevation without fall protection.”