Idealease Safety Bulletin – Be on the Defense!
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BE ON THE DEFENSE!
It's time to remind drivers of defensive and safe driving practices with COVID-19 restrictions lifting and more and more motorists are entering back on the roads.
THE 5 KEYS to SMITH SYSTEM DRIVING - used to train drivers
1. AIM HIGH IN STEERING: look 15 seconds into your future (do not just look at the vehicle in front of you).
2. GET THE BIG PICTURE: look for hazards (other motorists, pedestrians, vehicle doors opening).
3. KEEP YOUR EYES MOVING: do not stare (use your peripheral vision and stop the fixed habit stare).
4. LEAVE YOURSELF AN OUT: monitor the space cushion around you and your bike.
5. MAKE SURE THEY SEE YOU: use your signals (directionals, 4-way flashers, head lights, brake lights, horn, hand signals) and make eye contact.
The five characteristics of defensive driving (Smith System of Defensive Driving):
1. KNOWLEDGE: Good defensive drivers will have knowledge of the traffic laws and the basics about their motorcycles, such as how the brake system operates and how to read gauges and lights on the dash.
2. ALERTNESS: Good defensive drivers are alert to what is going on around them. They are well rested and would never take any drugs or alcohol that could affect their concentration before riding a motorcycle.
3. ANTICIPATION: Defensive drivers anticipate what may or may not happen, and they take action to avoid many problems. They anticipate potential hazards from other motorists, pedestrians, weather and equipment and take steps to minimize the risk.
4. JUDGMENT: Good defensive drivers do not make risky maneuvers like trying to beat red lights.They don’t try to pass unless it’s safe and they look for alternatives to any traffic situation.
5. SKILL: Good defensive drivers have the technical skills to operate the motorcycle safely through traffic without endangering anyone else on the road. They can handle the motorcycle even in hazardous conditions.
RECORD RETENTION INFORMATION
How long do you have to keep records and documents that are required by the FMCSA?
It depends on the documents, as record retention requirements vary greatly.
Here is a summarized list or retention requirements for some of the most common documents by subject area, along with the Code of Federal Regulation (CFR) of the regulation where the record retention requirements are located:
DRIVER QUALIFICATIONS CFR 391:
| REGULATION | DOCUMENT | RETENTION PERIOD |
| 391.51 (c) | Complete driver qualification file | 3 years after date of termination |
| 391.51 (d) | Driver Applications | 3 years after date of termination |
| 391.51 (d) 4 | Medical Certificate and Long Form | 3 years from date of execution |
| 391.51 (d) 2 | Annual Review | 3 years from date of execution |
| 391.51 (d) 3 | Certificate of Violations | 3 years from date of execution |
| 391.51 (d) 5 | Physical Waiver | 3 years from date of execution |
| 391.51 (d) 1 | Annual Motor Vehicle Record (MVR) | 3 years from date of execution |
| 391.23 (a) 1 | Initial MVR at time of hire | 3 years after date of termination |
DRUG AND ALCOHOL TESTING RECORDS:
| 382.401 (b)(1)(i) | Records of Alcohol tests with .02 or greater result | 5 YEARS |
| 382.401 (b)(1)(ii) | Records of driver verified positive controlled substance test results | 5 YEARS |
| 382.401 (b)(1)(iii) | Documentation of refusals to take required alcohol and/or drug test | 5 YEARS |
| 382.401 (b)(1)(iv) | Driver evaluations and referrals | 5 YEARS |
| 382.401 (b)(1)(v) | Calibration documentation to testing devices | 5 YEARS |
| 382.401 (b)(1)(vi) | Administrative records of the Alcohol controlled substance testing programs | 5 YEARS |
| 382.401 (b)(1)(vii) | A copy of each annual calendar year summary required by 382.403 (only those carriers selected) | 5 YEARS |
| 382.401(2) | Records relating to the alcohol and controlled substances collection process | 2 YEARS |
| 382.401(3) | Record of negative and cancelled controlled substance results and alcohol tests with a concentration of less than .02 | 1 YEAR |
| 382.401(4) | Records related to the education and training of breath alcohol technicians, screening test technicians, supervisors, and drivers shall be maintained by the employer while the individual performs the functions which require the training and for *2 years after ceasing to perform these functions | INDEFINITE* |
HOURS OF SERVICE DOCUMENTATION:
| 395.8 (k) | Record of duty status and all supporting documents and time records | 6 months |
| Accident Records 390.15 (b) |
Accident Register and Files | 3 years after the date of each incident |
INSPECTION AND MAINTENANCE:
| 396.3 (c) | Maintenance files as required by 396.3(b) | 1 year plus 6 months after vehicle leaves carrier’s control |
| 396.9 (d)(3)(ii) | Copy of roadside inspections | 12 months |
| 396.11 (c)(2) | Driver vehicle inspection report | 3 months |
| 396.19 (b) | Annual inspector certification | During employment and 1 year thereafter |
| 396.25 (e) | Brake inspector certification | During employment and 1 year thereafter |
CANADA'S ELD MANDATE EFFECTIVE JUNE 12th WITH EDUCATIONAL ENFORCEMENT
Canada's ELD Mandate (originally slated to be effective 6/12/21) is experiencing a slight detour.
- Electronic Logging Device Mandate still will be effective June 12th, however, enforcement will be delayed
- Jurisdictions plan to support the mandate through a period of progressive enforcement without penalties:
- As discussed in message from CCMTA on 5/5/21
- Elevated education and awareness until 6/12/22
- Will provide carriers additional time to obtain and install certified ELDs
- Exact details may vary by jurisdiction:
- Ex: Quebec and Manitoba have provided details of their enforcement plans and timelines.
- Quebec: no enforcement of ELD mandate until June 2022
- Manitoba: staged approach:
- STAGE 1: Educational Enforcement June 2021 through December 2021
- STAGE 2: Warnings to Drivers & Carriers not in compliance December 2021 through June 2022
- FULL ENFORCEMENT: beginning June 2022
- Ex: Quebec and Manitoba have provided details of their enforcement plans and timelines.
CLICK IT OR TICKET - see previous bulletins for more details
Click it or Ticket Campaign info: https://www.nhtsa.gov/campaign/click-it-or-ticket
MOTORCYCLE SAFETY AWARENESS MONTH - See previous safety bulletin posts for details
*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.
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